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ROT MEI LTD V INTERSTATE [2000] LIMITED & ANOTHER [2005] EKLR
Case Number: Civil Case 241 of 2002	Date Delivered: 17 Nov 2005

Judge: Mary Muhanji Kasango

Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Parties: ROT MEI LTD V INTERSTATE 2000 LIMITED & SULEIMAN MBARUK T/A TAWFIQ BUS SERVICE

Advocates:

Citation: ROT MEI LTD V INTERSTATE 2000 LIMITED & ANOTHER [2005] eKLR

[RULING] Civil Practice and Procedure-objector proceedings-whether the court can grant an order to quash another court order which has already been executed-Civil Procedure Rules, Order L Rule 1, Order XXI Rule 41; Civil Procedure Act sections 3, 3A, 4, 63 (e) and 89.

REPUBLIC V KITHELE M’MUNORU & 2 OTHERS [2005] EKLR
Case Number: Misc. Appli. No. 26 of 2000	Date Delivered: 17 Nov 2005

Judge: Ruth Nekoye Sitati

Court: High Court at Meru

Parties: REPUBLIC V KITHELE M’MUNORU, DISTRICT LAND ADJUDICATION & SETTLEMENT OFFICER- MERU NORTH DISTRICT, PROVINCIAL LAND ADJUDICATION & SETTLEMENT OFFICER EASTERN PROVINCE EX-PARTE MWIRICHIA KAUMBUTHU

Advocates:

Citation: REPUBLIC V KITHELE M’MUNORU & 2 OTHERS [2005] eKLR

[RULING] - Judicial Review - Application for orders of Certiorari and Mandamus - Application against decisions of a Land Adjudication Committee - Time limit to file for application for leave under Order 53 of the Civil Procedure Rules - Order 53 rule 3 of the Civil Procedure Rules - Section 26(3) of the Land Adjudication Act.

STEPHEN M’IKUNYUA M’IMATHIU V ELIJA MWIRIGI & 2 OTHERS[ [2005] EKLR
Case Number: CIVIL APPEAL NO. 138 OF 2002	Date Delivered: 17 Nov 2005

Judge: Ruth Nekoye Sitati

Court: High Court at Meru

Parties: STEPHEN M’IKUNYUA M’IMATHIU V ELIJA MWIRIGI, WILFRED KABURU & METHODIST CHURCH IN KENYA REGISTERED TRUSTEES

Advocates:

Citation: STEPHEN M’IKUNYUA M’IMATHIU V ELIJA MWIRIGI & 2 OTHERS[ [2005] eKLR

Civil Practice and Procedure-pleadings-striking out-where the parties filed a consent order contemporaneously with the amended plaint which was struck out-whether the consent validated the filing of the amended plaint -Civil Procedure Rules, Order VI, rule 13(1) 9(a) and (b)

KANORERO RIVER FARM LIMITED & ANOTHER V NATIONAL BANK OF KENYA
Case Number: Civil Case 313 of 2005	Date Delivered: 17 Nov 2005

Judge: FRED A. OCHIENG

Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Parties: KANORERO RIVER FARM LIMITED & MAINA CHEGE V NATIONAL BANK OF KENYA

Advocates:

Citation: KANORERO RIVER FARM LIMITED & ANOTHER V NATIONAL BANK OF KENYA

[RULING] Civil Procedure - res judicata - application for the dismissal of a suit - grounds: that the issues raised had been determined on merit in a former suit

Diani Marine Ltd V Jacaranda Hotel Mombasa T/a Indian Ocean Beach Club [2005] EKLR
Case Number: Civil suit 361 of 1997	Date Delivered: 17 Nov 2005

Judge: John Wycliffe Mwera

Court: High Court at Mombasa

Parties: Diani Marine Ltd v Jacaranda Hotel Mombasa t/a Indian Ocean Beach Club

Advocates:

Citation: Diani Marine Ltd v Jacaranda Hotel Mombasa t/a Indian Ocean Beach Club [2005] eKLR

[RULING]Civil Practice and Procedure-pleadings-reinstatement of suits-whether a suit can be reinstated after having been dismissed for want of prosecution where the file had been missing from the court registry for some two years-Civil Procedure Rules,Order XVI,rule 6-REVIEW-whether the unexplained absence of a file from the court registry is a ground for review of a suit dismissed for want of prosecution-Civil Procedure Rules,Order XLIV,rules 1,2,and 3(2),Civil Procedure Act,section 3A

Republic V Ministry Of Health Ex-Parte Bindi A Gadhia [2005] EKLR
Case Number: Misc Appli 124 of 2005	Date Delivered: 17 Nov 2005

Judge: Barabara Kiprugut Tanui

Court: High Court at Kisumu

Parties: Republic v Attorney General on behalf of the Ministry of Health Ex-Parte Bindi A Gadhia

Advocates:

Citation: Republic v Ministry of Health Ex-Parte Bindi A Gadhia [2005] eKLR

[RULING] Judicial review - application for orders of prohibition,mandamus and certiorari against the Ministry of Health - applicant stating that the respondent had unlawfully refused to register her as a Medical Laboratory Technologist - whether prohibition could issue - to restrain the Interested Party from preventing the applicant from working - whether mandamus could issue to compel the Interested Party to issue a certificate of registration of the applicant - whether certiorari could issue to quash the decision of the interested party.

Republic V Kithele M’Munoru & 2 Others Ex-Parte Mwirichia Kaumbuthu [2005] EKLR
Case Number: Misc Appli 26 of 2000	Date Delivered: 17 Nov 2005

Judge: Ruth Nekoye Sitati

Court: High Court at Meru

Parties: Republic v Kithele M’Munoru; District Land Adjudication & Settlement Officer-Meru North District; Provincial Land Adjudication Settlement Officer - Eastern Province Ex-Parte Mwirichia Kaumbuthu

Advocates:

Citation: Republic v Kithele M’Munoru & 2 others Ex-Parte Mwirichia Kaumbuthu [2005] eKLR

[RULING]Judicial review - application for orders of certiorari to quash the decision,ruling or orders of the 2nd respondent and for mandamus to compel the 2nd respondent to implement a decision

KOBIL PETROLEUM LIMITED V QUASAR LIMITED [2005] EKLR
Case Number: Civil Case 412 of 2003	Date Delivered: 17 Nov 2005

Judge: Mary Muhanji Kasango

Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Parties: KOBIL PETROLEUM LIMITED V QUASAR LIMITED

Advocates:

Citation: KOBIL PETROLEUM LIMITED V QUASAR LIMITED [2005] eKLR

[RULING] - Civil Procedure and Practice - Order XLI Rules 4 (1), (2), (3) and 4 of the Civil Procedure Rules - Application seeking stay pending appeal - Where an order for consolidation has been sought - Order 50 Rule 16 (1) Civil Procedure Rules - Principles considered by the court in granting stay of execution - Does Order XLI Rule 4 apply to an application for stay of proceedings - Determination of which court has the right to hear a particular case - Application dismissed.

Peter Nazi V Martha Mumitsi [2005] EKLR
Case Number: Misc Civ Appli 87 of 2003	Date Delivered: 16 Nov 2005

Judge: Joseph Kiplagat Sergon

Court: High Court at Bungoma

Parties: Peter Nazi v Martha Mumitsi

Advocates:

Citation: Peter Nazi v Martha Mumitsi [2005] eKLR

[RULING] Civil Procedure - appeal - application to file an appeal out of time - applicant failing to cite the provisions of law relevant to his application - section 79 G of the Civil Procedure Act - duty of the applicant to satisfy the court that he had good and sufficient reasons why he failed to lodge the appeal within time

JONATHAN NZANGI MUTUNGA V ANTHONY MUINDE MUTISO [2005] EKLR
Case Number: Civil Case 87 of 2002	Date Delivered: 16 Nov 2005

Judge: David Anasi Onyancha

Court: High Court at Machakos

Parties: JONATHAN NZANGI MUTUNGA v ANTHONY MUINDE MUTISO

Advocates:

Citation: JONATHAN NZANGI MUTUNGA v ANTHONY MUINDE MUTISO [2005] eKLR

[Ruling] – CIVIL PRACTICE AND PROCEDURE - setting aside – application for – application to set aside orders granted ex parte – where the fault was with the plaintiff’s advocate for not showing up – whether the court should punish the client for mistake of advocate