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Ari Credit & Finance Limited V Trans-National Bank Limited [2005] EKLR
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Case Number: Civil Suit 5675 of 1993 |
Date Delivered: 08 Dec 2005 |
Judge: Hatari Peter George Waweru
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: Ari Credit & Finance Limited v Trans-National Bank Limited
Advocates:
Citation: Ari Credit & Finance Limited v Trans-National Bank Limited [2005] eKLR
[RULING] Civil Procedure - application for dismissal of suit for want of prosecution under Order 16,Rule 5 (d) of the Civil Procedure Rules - a court should be slow to dismiss a case for want of prosecution where the suit can be heard without further delay,or where the defendant will suffer no hardship,and where there has been no flagrant and culpable inactivity on the part of the plaintiff.
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Kembi Gitura T/a Kembi Gitura & Company Advocates V Menno Travel Services Limited [2005] EKLR
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Case Number: Misc Appli 986 of 2003 |
Date Delivered: 07 Dec 2005 |
Judge: Hatari Peter George Waweru
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: Kembi Gitura t/a Kembi Gitura & Company Advocates v Menno Travel Services Limited
Advocates:
Citation: Kembi Gitura t/a Kembi Gitura & Company Advocates v Menno Travel Services Limited [2005] eKLR
[RULING] Civil Procedure - execution - service of a prohibitory order upon a judgment-debtor - application for the cross-examination of a process server - Rule 41 (2) of Order 21 of the Civil Procedure Rules - rules providing for service of an order in attachment of a share in the capital of a corporation or other moveable property not in the possession of the judgment-debtor by affixing it on some conspicuous part of the precincts of the court - whether service on the judgment debtor was necessary - whether cross-examining the process server would be necessary.
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EQUATORIAL COMMERCIAL BANK LTD V MICROHOUSE NET LIMITED [2005] EKLR
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Case Number: Civil Suit 186 of 2005 |
Date Delivered: 07 Dec 2005 |
Judge: Mary Muhanji Kasango
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: EQUATORIAL COMMERCIAL BANK LTD V MICROHOUSE NET LIMITED
Advocates:
Citation: EQUATORIAL COMMERCIAL BANK LTD V MICROHOUSE NET LIMITED [2005] eKLR
[RULING] Civil Procedure - summary judgment - judgment on admission - Order XII Rule 6 and Order XXXV Rule 1 (a) of the Civil Procedure Rules - nature of an admission - discretion of the court in granting judgment on admission
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Lucy Wanjiru Mucendu & 5 Others V Pauline W. Wanjohi & 2 Others [2005] EKLR
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Case Number: Misc Civ Appli 148 of 2003 |
Date Delivered: 07 Dec 2005 |
Judge: Hannah Magondi Okwengu
Court: High Court at Nyeri
Parties: Lucy Wanjiru Mucendu,Veronica Wangui Kiragu,Beeatrice Kariko Gathogo,Jane Wangari Miano & Margaret Wangeci Njuraita v Pauline W. Wanjohi,Mary Njoki Muthii & Jane Wangeci Warui
Advocates:
Citation: Lucy Wanjiru Mucendu & 5 others v Pauline W. Wanjohi & 2 others [2005] eKLR
[RULING]- Civil Procedure and Practice - Application for leave to file an appeal out of time - Where neither the application nor the affidavit in support state when the judgment or ruling subject of the intended appeal was delivered - Application dismissed.
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Owino Okeyo & Company Advocates V Mike Maina & Another [2005] EKLR
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Case Number: Misc Civ Appli 651 of 2004 |
Date Delivered: 07 Dec 2005 |
Judge: Alnashir Ramazanali Magan Visram
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Owino Okeyo & Company Advocates v Mike Maina & Muthithi Investments Co. Ltd
Advocates:
Citation: Owino Okeyo & Company Advocates v Mike Maina & another [2005] eKLR
[RULING]- Advocate-client relationship - Section 51 (2) of the Advocates Act - Prayer for a sum to be entered as taxed costs as per the Certificate of Taxation - Where Respondent has refused to pay the bill - Must there be proof of a retainer and the retainer not in dispute before judgment can be entered under Section Section 51 (2) of the Advocates Act - Retainer need be “in writing”,and that the same must be “exhibited” before an advocate is entitled to Judgment - Definition of a retainer - Application allowed and judgment entered for the Applicant against the Respondent.
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Kenfit Limited V Consolata Fathers [2005] EKLR
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Case Number: Misc Civ Cause 127 of 2002 |
Date Delivered: 07 Dec 2005 |
Judge: Alnashir Ramazanali Magan Visram
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Kenfit Limited v Consolata Fathers
Advocates:
Citation: Kenfit Limited v Consolata Fathers [2005] eKLR
[RULING]- Taxation of Bill of Costs - Application seeking the setting aside the Ruling of the Taxing Officer - Where the taxing officer makes an award based on an application as though it were a suit - Application to be taxed on the correct principles.
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In Re The Estate Of Kihagi Wamai (Deceased) [2005] EKLR
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Case Number: Succession Cause 266 of 1994 |
Date Delivered: 07 Dec 2005 |
Judge: Hannah Magondi Okwengu
Court: High Court at Nyeri
Parties: In Re the Estate of Kihagi Wamai (Deceased)
Advocates:
Citation: In Re the Estate of Kihagi Wamai (Deceased) [2005] eKLR
[RULING]- Succession cause - Kikuyu Customary Law - Application for confirmation of grant - Where there is a disagreement as to how the distribution should be carried out - Whether distribution should be according to Kikuyu Customary Law or in accordance with the Succession Act - Rule 64 of the Probate and Administration Rules - Section 40 (1) of the Law of Succession Act - Where deceased died intestate - Validity of an oral will - Section 38 of the Law of Succession Act - Order that the estate of the deceased be distributed equally amongst his 7 sons.
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ALLOEISIOUS IRIGA V SETTLEMENT FUND TRUSTEES & 3 OTHERS [2005] EKLR
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Case Number: CIVIL CASE NO. 32B OF 1997 |
Date Delivered: 07 Dec 2005 |
Judge: Ruth Nekoye Sitati
Court: High Court at Meru
Parties: ALLOEISIOUS IRIGA V SETTLEMENT FUND TRUSTEES, CHIEF LAND REGISTRAR,
LUCY KIRUMBA M’MBIJIWE & BETH MUTHONI RUKARIA
Advocates:
Citation: ALLOEISIOUS IRIGA V SETTLEMENT FUND TRUSTEES & 3 OTHERS [2005] eKLR
[RULING] Civil Practice and Procedure-temporary injunction-seeking to restrain defendants from interfering with the suit land-where the land is the subject matter of a fraudulent transfer dispute-principles for granting an interlocutory injunction-Civil Procedure Rules, Order XXXIX, rules 1, 2, and 3
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Haithar Haji Abdi & Another V Kenya National Capital Corporation Ltd & Another [2005] EKLR
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Case Number: Civil suit 447 of 2004 |
Date Delivered: 07 Dec 2005 |
Judge: Mary Muhanji Kasango
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Haithar Haji Abdi; Abdi Rahim Haithar Haji v Kenya National Capital Corporation Ltd; Southdowns Developers Limited
Advocates:
Citation: Haithar Haji Abdi & another v Kenya National Capital Corporation Ltd & another [2005] eKLR
[RULING]Civil Practice and Procedure-prosecution of suits and adjournments-dismissal of suit for want of prosecution-where the plaintiff has not taken steps to proceed with the suit for a period exceeding one year after seeking an adjournment and filing an application for injunctive orders-Civil Procedure Rules,Order XVI,rule 5(d)
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TRIDEV CONSTRUCTION V CHARLES WEKESA KASEMBELI [2005] EKLR
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Case Number: Civil Appeal 121 of 2002 |
Date Delivered: 07 Dec 2005 |
Judge: George Matatia Abaleka Dulu
Court: High Court at Eldoret
Parties: TRIDEV CONSTRUCTION v CHARLES WEKESA KASEMBELI
Advocates:
Citation: TRIDEV CONSTRUCTION v CHARLES WEKESA KASEMBELI [2005] eKLR
Negligence - duty of care - suit by employee against employer for injuries sustained in the course of duty - employee injured after suffering a fall of 10 metres from the roof of a building on which he was working - scope the duty of care imposed on an employer - duty to provide a safe system of work - whether the employer was negligent - quantum of general damages for personal injuries - matters an appellate court will consider in deciding whether to interfere with an award of damages made by a trial court
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