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Case Type: Civil Case


Rosa Cherop Burukut V Pauline Rugut & 2 Others [2014] eKLR

Case Number: Civil Case 6 of 2012 Date Delivered: 09 Jul 2014

Judge: Elija Ogoti Obaga

Court: High Court at Kitale

Parties: Rosa Cherop Burukut v Pauline Rugut, Elikana Towet & James Tanui

Citation: Rosa Cherop Burukut V Pauline Rugut & 2 Others [2014] eKLR

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Capital Insurance Brokers Ltd V Nzoia Sugar Company Ltd [2014] eKLR

Case Number: Civil Case 671 of 1999 Date Delivered: 09 Jul 2014

Judge: Hatari Peter George Waweru

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Capital Insurance Brokers Ltd v Nzoia Sugar Company Ltd

Citation: Capital Insurance Brokers Ltd V Nzoia Sugar Company Ltd [2014] eKLR

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Macmillan Kenya (Publishers) Limited V Mount Kenya Sundries Limited [2014] eKLR

Case Number: Civil Case 2503 of 1995 Date Delivered: 09 Jul 2014

Judge: Hatari Peter George Waweru

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Macmillan Kenya (Publishers) Limited v Mount Kenya Sundries Limited

Citation: Macmillan Kenya (Publishers) Limited V Mount Kenya Sundries Limited [2014] eKLR

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Silas Kirema M'Ibiiri & 2 Others V Peter Munyi M'Ibiiri & 5 Others [2014] eKLR

Case Number: Hcc 72 of 2008 Date Delivered: 08 Jul 2014

Judge: Peter Muchoki Njoroge

Court: High Court at Meru

Parties: Silas Kirema M'Ibiiri, Esther Mwengwa M'Ibiiri & Prischilla Kaguri M'Ibiiri v Peter Munyi M'Ibiiri, Jeremiah Mugambi Thuranira, Dominic Kithera Memeu, David Mwirigi Kinoti, Timothy Murithi Kinoti & Esther Karimi

Citation: Silas Kirema M'Ibiiri & 2 Others V Peter Munyi M'Ibiiri & 5 Others [2014] eKLR

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Allan Stephen Reynolds V Twiga Chemical Industries Limited [2014] eKLR

Case Number: Civil Case Number 2772 of 1997 Date Delivered: 08 Jul 2014

Judge: Hatari Peter George Waweru

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Allan Stephen Reynolds v Twiga Chemical Industries Limited

Citation: Allan Stephen Reynolds V Twiga Chemical Industries Limited [2014] eKLR

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Town Clerk Nyamira Town Council & Another V Chief Executive Officer Local Authorities Provident Fund & Another [2014] eKLR

Case Number: Civil Case 59 of 2011 Date Delivered: 08 Jul 2014

Judge: Ruth Nekoye Sitati

Court: High Court at Kisii

Parties: Town Clerk Nyamira Town Council & Nyamira Town Council v Chief Executive Officer Local Authorities Provident Fund & Kenya Commercial Bank Ltd (Nyamira Branch)

Citation: Town Clerk Nyamira Town Council & Another V Chief Executive Officer Local Authorities Provident Fund & Another [2014] eKLR

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Sanitam Services (E A) Limited V Kenya Pipeline Limited [2014] eKLR

Case Number: Civil Case 471 of 2013 Date Delivered: 08 Jul 2014

Judge: Rose Edwina Atieno Ougo

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Sanitam Services (E A) Limited v Kenya Pipeline Limited

Citation: Sanitam Services (E A) Limited V Kenya Pipeline Limited [2014] eKLR

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African Avengelical Presbyterian Church V Moses Mwithalii & Another [2014] eKLR

Case Number: Civil Case 4 of 2013 Date Delivered: 08 Jul 2014

Judge: Peter Muchoki Njoroge

Court: High Court at Meru

Parties: African Avengelical Presbyterian Church v Moses Mwithalii & Mutunda Education Centre

Citation: African Avengelical Presbyterian Church V Moses Mwithalii & Another [2014] eKLR

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Joseph Mandu Soita V Family Bank Ltd Bungoma [2014] eKLR

Case Number: Hccc 5 of 2014 Date Delivered: 07 Jul 2014

Judge: Alfred Mabeya

Court: High Court at Bungoma

Parties: Joseph Mandu Soita v Family Bank Ltd Bungoma

Citation: Joseph Mandu Soita V Family Bank Ltd Bungoma [2014] eKLR

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Priscilla Nduta Kairu & 3 Others V Keziah Njeri Gachanja & Another [2014] eKLR

Case Number: Civil Case 194 of 2011 Date Delivered: 04 Jul 2014

Judge: Eric Kennedy Okumu Ogola

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

Parties: Priscilla Nduta Kairu, Waithira Karanja, Peris Wambui & Henry Njoroge Kamande All Training as Excel Bamboo Preparatory School v Keziah Njeri Gachanja & D K Mwangi Training as Kenya Shield Auctioneers

Citation: Priscilla Nduta Kairu & 3 Others V Keziah Njeri Gachanja & Another [2014] eKLR

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Samuel Davis Kirundi Muraya & 14 Others V Peter Kigo & 4 Others [2014] eKLR

Case Number: Civil Case 198 of 2012 Date Delivered: 04 Jul 2014

Judge: Antony Ombwayo

Court: Environment and Land Court at Nyeri

Parties: Samuel Davis Kirundi Muraya & 14 others v Peter Kigo & 4 others

Citation: Samuel Davis Kirundi Muraya & 14 Others V Peter Kigo & 4 Others [2014] eKLR

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Dinah Limo V Jonah Kipkorir Limo [2014] eKLR

Case Number: Civil Case 124 of 2004 Date Delivered: 04 Jul 2014

Judge: Lucy Waithaka

Court: High Court at Nakuru

Parties: Dinah Limo v Jonah Kipkorir Limo

Citation: Dinah Limo V Jonah Kipkorir Limo [2014] eKLR

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Francis Mwaniki Ngumba ) & Another V Thomas Ngumba Wamai [2014] eKLR

Case Number: Civil Case No.191 Of 2012 Date Delivered: 04 Jul 2014

Judge: Antony Ombwayo

Court: Environment and Land Court at Nyeri

Parties: Francis Mwaniki Ngumba ) & Stanley Wachigo Ngumba) v Thomas Ngumba Wamai

Citation: Francis Mwaniki Ngumba ) & Another V Thomas Ngumba Wamai [2014] eKLR

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Ecobank Kenya Limited V Attain Enterprses Limited & Another [2014] eKLR

Case Number: Civil Case 597 of 2012 Date Delivered: 04 Jul 2014

Judge: Eric Kennedy Okumu Ogola

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

Parties: Ecobank Kenya Limited v Attain Enterprses Limited & Rogam Investments Limited

Citation: Ecobank Kenya Limited V Attain Enterprses Limited & Another [2014] eKLR

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Evans Njokabi Ngaire & 2 Others V Stanley Gachoki Ngaire (Alias) (Substituted By James Gichangi Gachoki) [2014] eKLR

Case Number: Civil Case 312 of 1983 Date Delivered: 04 Jul 2014

Judge: Antony Ombwayo

Court: Environment and Land Court at Nyeri

Parties: Evans Njokabi Ngaire, Joseph Murage & Nahashon Githinji Ngaire v Stanley Gachoki Ngaire (Alias) (Substituted By James Gichangi Gachoki)

Citation: Evans Njokabi Ngaire & 2 Others V Stanley Gachoki Ngaire (Alias) (Substituted By James Gichangi Gachoki) [2014] eKLR

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David Mugo Mwaniki V Njeru Ndambiri [2014] eKLR

Case Number: Civil Case 345 of 1996 Date Delivered: 04 Jul 2014

Judge: Antony Ombwayo

Court: Environment and Land Court at Nyeri

Parties: David Mugo Mwaniki v Njeru Ndambiri

Citation: David Mugo Mwaniki V Njeru Ndambiri [2014] eKLR

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Jossmas Enterprises V City Council Of Nairobi [2014] eKLR

Case Number: Civil Case 874 of 2010 Date Delivered: 04 Jul 2014

Judge: Eric Kennedy Okumu Ogola

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

Parties: Jossmas Enterprises v City Council Of Nairobi

Citation: Jossmas Enterprises V City Council Of Nairobi [2014] eKLR

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Francis Mureithi V Patrick Kiarie Kagwanja & 3 Others [2014] eKLR

Case Number: Civil Case 456 of 2005 Date Delivered: 04 Jul 2014

Judge: Eric Kennedy Okumu Ogola

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

Parties: Francis Mureithi v Patrick Kiarie Kagwanja, Barclays Bank Of Kenya , Registrar Of Titles & Kangeri Wanjohi T/A Kindest Auctioneers

Citation: Francis Mureithi V Patrick Kiarie Kagwanja & 3 Others [2014] eKLR

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Teresia Njeri Wamburu V APA Insruance Company Ltd [2014] eKLR

Case Number: Civil Suit 521 of 2011 Date Delivered: 04 Jul 2014

Judge: Hatari Peter George Waweru

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Teresia Njeri Wamburu v APA Insruance Company

Citation: Teresia Njeri Wamburu V APA Insruance Company Ltd [2014] eKLR

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K L V Standard Limited [2014] eKLR

Case Number: Civil Case 20 of 2007 Date Delivered: 04 Jul 2014

Judge: George Vincent Odunga

Court: High Court at Nairobi (Milimani Law Courts)

Parties: K L v Standard Limited

Citation: K L V Standard Limited [2014] eKLR

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Richard Mark Binns & Another V Simeon Kazungu Baya & 3 Others [2014] eKLR

Case Number: Civil Case 33 of 2014 Date Delivered: 04 Jul 2014

Judge: Oscar Angote

Court: High Court at Malindi

Parties: Richard Mark Binns & Felicity Ann Binns v Simeon Kazungu Baya, Ralph Kalama, Chief Land Registrar & Four Islands Bay Limited

Citation: Richard Mark Binns & Another V Simeon Kazungu Baya & 3 Others [2014] eKLR

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National Oil Corporation Of Kenya Limited V Prisko Petroleum Network Limited [2014] eKLR

Case Number: Civil Case 27 of 2014 Date Delivered: 03 Jul 2014

Judge: Francis Gikonyo

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

Parties: National Oil Corporation of Kenya Limited v Prisko Petroleum Network Limited

Citation: National Oil Corporation Of Kenya Limited V Prisko Petroleum Network Limited [2014] eKLR

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Muthau Meeni V Pharis Gitau Kagondu [2014] eKLR

Case Number: Civil Case 38 of 1989 Date Delivered: 03 Jul 2014

Judge: Peter Muchoki Njoroge

Court: High Court at Meru

Parties: Muthau Meeni v Pharis Gitau Kagondu

Citation: Muthau Meeni V Pharis Gitau Kagondu [2014] eKLR

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West Kenya Sugar Company Limited V Mumias Sugar Company Limited [2014] eKLR

Case Number: Civil Case 14 of 2013 Date Delivered: 03 Jul 2014

Judge: Said Juma Chitembwe

Court: High Court at Kakamega

Parties: West Kenya Sugar Company Limited v Mumias Sugar Company Limited

Citation: West Kenya Sugar Company Limited V Mumias Sugar Company Limited [2014] eKLR

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Lawrence Kwatsima V Taria Mutakale Shilama & Another [2014] eKLR

Case Number: Civil Case 4 of 2003 (0s) Date Delivered: 03 Jul 2014

Judge: Said Juma Chitembwe

Court: High Court at Kakamega

Parties: Lawrence Kwatsima v Taria Mutakale Shilama & Philip Chukuyu Shilama

Citation: Lawrence Kwatsima V Taria Mutakale Shilama & Another [2014] eKLR

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Kakamega Jua Kali Association Suing Through Patrick Luvusi- Chairman & Another V Richard W. Kondo - Chairman & Another [2014] eKLR

Case Number: Civil Case 23 of 2013 Date Delivered: 03 Jul 2014

Judge: Said Juma Chitembwe

Court: High Court at Kakamega

Parties: Kakamega Jua Kali Association Suing Through Patrick Luvusi- Chairman & Chacha Weche- Secretary v Richard W. Kondo - Chairman & Ernest W. Lukavalia- Secretary Sued As Official And Members Of Kakamega County Jua Kali Association

Citation: Kakamega Jua Kali Association Suing Through Patrick Luvusi- Chairman & Another V Richard W. Kondo - Chairman & Another [2014] eKLR

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Rosemary Wanjiru Kungu V Elijah Macharia Githinji & Another [2014] eKLR

Case Number: Civil Case 145 of 2010 Date Delivered: 02 Jul 2014

Judge: George Vincent Odunga

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Rosemary Wanjiru Kungu v Elijah Macharia Githinji & Autoplus Used Parts Trading Company

Citation: Rosemary Wanjiru Kungu V Elijah Macharia Githinji & Another [2014] eKLR

 Court Awards Kshs 15,042,157.32/= In Damages In Accident Claim

Rosemary Wanjiru Kungu v Elijah Macharia Githinji & another [2014] eKLR

Civil Case No 145 of 2010

High Court at Nairobi

GV Odunga J

July 2,  2014

Reported by Emma Kinya Mwobobia & Opiyo Lorraine

 

Brief Facts

The Plaintiff in the instant matter had sustained injuries as a result of an accident caused by the negligence of the 1st Defendant who was the driver of the motor vehicle owned by the 2nd Defendant. She sought general damages for pain and suffering, special damages, loss of income, loss of consortium, future medical expenses, interest on the same and costs of the suit.

Injuries Suffered

  1. Fracture of spine, thoracic vertebrae T12
  2. Complete paraplegia
  3. Large ward on right shoulder
  4. Urine retention (incontinence)
  5. Dislocation of right knee
  6. Severe spinal injury
  7. Partial paralytic ileus

 

Issues

  1. Whether the Plaintiff’s claim was time barred having been instituted two months after the statutory limit of three years had elapsed from the date when the cause of action arose and whether the order extending time was properly granted.
  2. Whether the suit motor vehicle was owned by the 2nd Defendant.
  3. Whether the said vehicle was being driven by the 1st Defendant as agent of the 2nd Defendant.
  4. Whether the accident was caused by the negligence of the Defendants.
  5. Whether the Plaintiff was entitled to damages and if so, what was the quantum?
  6. Who should bear the costs?

 

Tort law - institution of negligence suit- whether a suit based on negligence could be instituted four years after the cause of action arose- whether the present suit was time barred with the accident having occurred in 2007 while the suit was instituted in 2010.

Civil Practice and Procedure - leave to file out of time- whether a negligence suit could be filed out of time- whether the leave to file out of time had been properly obtained.

Civil Practice and Procedure- leave to file out of time- under what circumstances could the court allow an Applicant to institute proceedings after time had elapsed? – where the Petitioner sustained injuries and filed the suit four years after the cause of action had arisen- Limitation of Action Act Cap 22, section 27.

 

Limitation of Actions Act, Cap 22

Section 27

“(1) Section 4 (2) does not afford a defense to an action founded on tort where -

 (a) the action is for damages for negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of a written law or independently of a contract or written law); and

 (b) the damages claimed by the plaintiff for the negligence, nuisance or breach of duty consist of or include damages in respect of personal injuries of any person; and

 (c) the court has, whether before or after the commencement of the action, granted leave for the purposes of this section; and

 (d) the requirements of subsection (2) are fulfilled in relation to the cause of action.

 (2) The requirements of this subsection are fulfilled in relation to a cause of action if it is proved that material facts relating to that cause of action were or included facts of a decisive character which were at all times outside the knowledge (actual or constructive) of the plaintiff until a date which -

 (a) either was after the three-year period of limitation prescribed for that cause of action or was not earlier than one year before the end of that period; and

 (b) in either case, was a date not earlier than one year before the date on which the action was brought.

 (3) This section does not exclude or otherwise affect -

 (a) any defence which, in an action to which this section applies, may be available by virtue of any written law other than section 4 (2) (whether it is a written law imposing a period of limitation or not) or by virtue of any rule of law or equity; or

 (b) the operation of any law which, apart from this section, would enable such an action to be brought after the end of the period of three years from the date on which the cause of action accrued.”

 

Held

  1. The effect of the Limitation of Actions Act Cap 22 was that certain causes of action ought not to be brought after the expiry of a particular period of time. In other words the Act barred the bringing of particular actions after the specified periods of limitation but did not necessarily extinguish such causes of action. A cause of action that was barred could in certain cases be revived if the conditions set out in section 27 of the Limitation of Actions Act Cap 22 were fulfilled.
  2. The extension of time applied only to claims made in tort and even then the claims had to be in respect of personal injuries arising from negligence, nuisance or breach of duty (whether the duty existed by virtue of a contract or of a written law or independently of a contract or written law).
  3. However, even if the conditions were satisfied time would not be extended unless the Applicant proved that material facts relating to that cause of action were or included facts of a decisive character which were at all times outside the knowledge (actual or constructive) of the Plaintiff. In order to prove this, the Applicant was expected to show that he did not know that fact; that in so far as that fact was capable of being ascertained by him, he had taken all such steps (if any) as it was reasonable for him to have taken that time for the purpose of ascertaining it; and that in so far as there existed, and were known to him, circumstances from which, with appropriate advice, that fact might have been ascertained or inferred, he had taken all such steps (if any) as it had been reasonable for him to have taken before that time for the purpose of obtaining appropriate advice with respect to those circumstances.
  4. ‘Appropriate advice’ was defined as meaning in relation to any facts or circumstances ‘advice of a competent person qualified in their respective spheres, to advice on the medical, legal or other aspects of that fact or those circumstances, as the case ought to be’.
  5. In the result, where the Defendant or his representative such as the insurance company led the Plaintiff to believe that the claim is capable of being settled and in reliance thereof the Plaintiff or his advocate refrained from filing the suit until after the limitation had run its course, that ought to have constituted a good ground for extending time notwithstanding the provisions of section 27 aforesaid. It was therefore upon the Defendant at the hearing to challenge the grounds upon which the order extending time was granted. Whereas the defence concentrated on the provisions of section 27 of the Limitation of Actions Act Cap 22, no serious challenge was directed to the issue of negotiations. It could not therefore be that the order extending time to file the suit was not properly granted.
  6. The Court appreciated that the Traffic Act was an Act of Parliament meant to consolidate the law relating to traffic on the roads; it was not an Act which decided de facto or de jure ownership of vehicles hence ownership of vehicles passed by sale and delivery and registration books were only evidence of title and property passed in accordance with the Sale of Goods Act, when the contract of sale was made.
  7. Without the defence calling witnesses who could be cross-examined on the documents produced by them rendered the same of very little, if any, weight at all. In light of the contents of the certificate of official search produced before the Court, the only reasonable conclusion was that the suit motor vehicle was owned by the 2nd Defendant.
  8. Where it was proved that a car had caused damage by negligence, then in the absence of evidence to the contrary, a presumption arose that it was driven by a person for whose negligence the owner was responsible. That presumption was made stronger by the surrounding circumstances and it was not necessarily disturbed by the evidence that the car was lent to the driver by the owner as the mere fact of lending did not of itself dispel the possibility that it was being driven for the joint benefit of the owner and the driver. Thus, the 1st Defendant was driving the suit vehicle as a servant or agent of the 2nd Defendant hence the 2nd Defendant was vicariously liable.
  9. The only evidence on record on how the accident occurred was the Plaintiff’s evidence. Without any evidence to the contrary, it had to be concluded that the accident took place when the driver of the suit motor vehicle was reversing. He ought to have had a proper lookout before reversing and the fact that the accident took place without him noticing the Plaintiff could only be explained on the ground of negligence.
  10. In awarding damages, the general picture, the whole circumstances, and the effect of injuries on the particular person concerned had to be looked at, some degree of uniformity had to be sought, and the best guide in that respect was to have regard to recent awards in comparable cases in the local courts. It was eminently desirable that so far as possible comparable injuries were be compensated by comparable awards. The court had to strike a balance between endeavouring to award the Plaintiff a just amount, so far as money could ever compensate, and entering the realms of very high awards, which could only in the end have a deleterious effect.
  11. On the issue of the multiplier, the law was that due regard was to be paid to the expectation of working life and dependency by the named dependants as well as the contingencies of life including the fact that the deceased could have died prematurely of a cause other than the accident   that   took him as well as the fact that the money would be paid in lump sum.
  12. In determining the multiplicand, the important figure was the net earnings of the deceased. The Court was then to multiply the multiplicand by a reasonable figure representing so many years purchase. In choosing the said figure, usually called the multiplier, the court had to bear in mind in expectation of earning life of the deceased. Taking into account the contingencies of life as well as the fact that the money would be paid in a lump sum, a multiplier of 15 years was reasonable in the instant case.

 

  1. General Damages = Kshs 3,000,000.00
  2. Special Damages = Kshs 972,157.32
  3. Wheelchair at Kshs 50,000.00 x every 5 years (3) = Kshs 150,000.00
  4. Diapers at Kshs 50,000.00 x 15 years = Kshs 750, 000.00
  5. Special Mattress for 15 years =Kshs 150,000.00
  6. Nurse aide at Kshs 10,000 x 12months x 15 years = Kshs 1, 800,000.00
  7. Transport costs at Kshs 6,000 x 52 weeks x 15 years= Kshs 4,680,000.00
  8. Physiotherapy at Kshs 4,500 x 15 x 52= Kshs 3,510,000.00
  9. Daily skin care at Kshs 1,000 x 15 x 12 = Kshs 180,000.00

Total quantum assessed at Kshs. 15,042,157.32

Costs awarded to the Plaintiff.

 

Cases

East Africa

  1. Achanda, Isaiah Oduor v Attorney General Civil Case No 1051 of 1996 – (Mentioned)
  2. Choice Tea Brokers Ltd v James Thige Ndegwa & 4 others Civil Suit No 220 of 2003 – (Mentioned)
  3. Dhanesvar V Mehta v Manilal M Shah [1965] EA 321- (Mentioned)
  4. Eastern Produce (K) Limited v Christopher Atiado Osiro Civil Case No 43 of 2001 – (Mentioned)
  5. Gathoni v Kenya Co-Operative Creameries Ltd [1982] KLR 104 – (Followed)
  6. Gatune v Headmaster Nairobi Technical High School & another [1988] KLR 561-(Distinguished)
  7. Iga v Makerere University [1972] EA 65 – (Expalined)
  8. In Re  Application Civil Case No 1725 of 2010 – (Mentioned)
  9. Irungu, Patrick Mwangi v Charles Macharia Mwangi & another Civil Case 188 of 2005 – (Mentioned)
  10. Kambogo, Theodore Otieno v Norwegian People’s Aid Civil Case No 774 of 2000 – (Explained)
  11. Kasha, Joseph Maganga v Kenya Power & Lighting Company Ltd Civil Case 188 of 2005 – (Explained)
  12. Kenya Breweries Limited v Abraham Lain Civil Appeal No 23 of 2003 – (Explained)
  13. Kenya Bus Services Limited v Humphrey [2003] KLR 665; [2003] 2 EA 519 – (Explained)
  14. Kiema Mutuku v Kenya Cargo Hauling Services Ltd [1991] 2 KAR 258 – (Explained)
  15. Macharia, David Ndun’gu v Samuel K Muturi & another Civil Case No 125 of 1989 – (Explained)
  16. Maigua, William Wagura v Elbur Flora Limited Civil Suit 248 of 2011 -(Explained)
  17. Malave, Stephen vs Kenya Power & Lighting Company Civil Case No 278 of 2006 – (Explained)
  18. Meru Packers Limited v Hebert Liatema Omwaka Civil Appeal No 78 of 2001 – (Followed)
  19. Mitei, Pius Kipkarere K v Leonard Kiss Ongachi & another Civil Case No 220 of 2001 – (Mentioned)
  20. Mugo, Ireri v Githinji Ngari Civil Appeal No 5087 of 1990 –(Mentioned)
  21. Mutungi, William v Samwel K Nyutu & another Civil Case No 2735 of 1998 – (Mentioned)
  22. Mwona Ndoo v Kakuzi Ltd (1982-1988) 1 KAR 523 – (Explained)
  23. Nancy Oseko v Board of Governors Masai Girls High School Civil Case 177 B of 2009(Explained)
  24. Ndai, Peter Kimani & another v Peter Gitau Njoroge Civil Appeal No 522 of 2006- (Mentioned)
  25. Ndegwa, Francis Mugo v Amboseli Court Limited Miscellaneous Application 376 of 2012 – (Mentioned)
  26. Ngari & another v Odero [1999] 2 EA 241 - (Explained)
  27. Ngugi, Lucia Wambui v Kenya Railways & another Miscellaneous Application No 213 of 1989 –(Followed)
  28. Njoroge, David Maina Njoroge v Gingalili Farm Ltd Civil Case No 191 of 2010 - (Mentioned)
  29. Nyaundi, Osumo Apima v Charles Isaboke Onyancha Kibondori & 3 others Civil Appeal No 46 of 1996 – (Mentioned)
  30. Nziu, Francisca Mbithe & another v Paul Thairu Muiruri Civil Case No 550 of 2002 - (Explained)
  31. Oruta & another v Nyamato [1988] KLR 590 - (Explained)
  32. Osundwa, Mary v Nzoia Sugar Company Limited Civil Appeal No 244 of 2000 – (Explained)
  33. Rawal vs Rawal [1990] KLR 275 – (Followed)
  34. Tayab & another v Anna Mary Kinanu [1983] KLR 114; 1 KAR 90 – (Explained)

Statutes

East Africa

  1. Limitation of Actions Act (cap 22) sections 4(2); 27(2) – (Interpreted)
  2. Sale of Goods Act (cap 31)- In general – (Interpreted)

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J M N V C W M [2014] eKLR

Case Number: HCCC 14 of 2008 Date Delivered: 02 Jul 2014

Judge: Luka Kiprotich Kimaru

Court: High Court at Nairobi (Milimani Law Courts)

Parties: J M N v C W M

Citation: J M N V C W M [2014] eKLR

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M'rama M'mitambo V Nkonge Rubara [2014] eKLR

Case Number: Civil Case 48 of 2010 (Os) Date Delivered: 02 Jul 2014

Judge: Peter Muchoki Njoroge

Court: High Court at Meru

Parties: M'rama M'mitambo v Nkonge Rubara

Citation: M'rama M'mitambo V Nkonge Rubara [2014] eKLR

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Athanas Bonaventures Wanyama & Another V Land Registrar – Kiambu District & Another [2014] eKLR

Case Number: Civil Case 1833 of 2007 Date Delivered: 01 Jul 2014

Judge: Rose Edwina Atieno Ougo

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Athanas Bonaventures Wanyama & Priscilla Ombito Wanyama v Land Registrar – Kiambu District & Reuben Muna Kangethe

Citation: Athanas Bonaventures Wanyama & Another V Land Registrar – Kiambu District & Another [2014] eKLR

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Elizabeth Kisipan Letura V Daniel Kishil Letura [2014] eKLR

Case Number: Civil Case 181 of 2011 Date Delivered: 01 Jul 2014

Judge: Lilian Nabwire Mutende

Court: High Court at Machakos

Parties: Elizabeth Kisipan Letura v Daniel Kishil Letura

Citation: Elizabeth Kisipan Letura V Daniel Kishil Letura [2014] eKLR

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Kenya Grange Vehicle Industries Ltd V Southern Credit Banking Corporation Ltd [2014] eKLR

Case Number: Civil Case 220 of 2006 Date Delivered: 30 Jun 2014

Judge: Jonathan Bowen Havelock

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Kenya Grange Vehicle Industries Ltd v Southern Credit Banking Corporation Ltd

Citation: Kenya Grange Vehicle Industries Ltd V Southern Credit Banking Corporation Ltd [2014] eKLR

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Vijay Kumar Mandal V Rajinder Kumar Mandal [2014] eKLR

Case Number: Civil Case 1458 of 2005 Date Delivered: 30 Jun 2014

Judge: Rose Edwina Atieno Ougo

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Vijay Kumar Mandal v Rajinder Kumar Mandal

Citation: Vijay Kumar Mandal V Rajinder Kumar Mandal [2014] eKLR

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Serah Dama Mwanzia V Mtana R. Mwahunga [2014] eKLR

Case Number: Civil Case 182 of 2012 (O.S) Date Delivered: 27 Jun 2014

Judge: Mary Muhanji Kasango

Court: High Court at Mombasa

Parties: Serah Dama Mwanzia v Mtana R. Mwahunga t/a Mwahunga Mtana & Co. Advocates

Citation: Serah Dama Mwanzia V Mtana R. Mwahunga [2014] eKLR

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Daniel Langat & Another V Francis Maina Mwangi & Another [2014] eKLR

Case Number: Civil Case 154 of 2010 Date Delivered: 27 Jun 2014

Judge: Mathew John Anyara Emukule

Court: High Court at Nakuru

Parties: Daniel Langat & Geofrey Langat v Francis Maina Mwangi & Teresiah Muthoni Maina

Citation: Daniel Langat & Another V Francis Maina Mwangi & Another [2014] eKLR

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Oriental Commercial Bank Limited V Albert R. Shitakha & Another [2014] eKLR

Case Number: Civil Case 1415 of 2001 Date Delivered: 27 Jun 2014

Judge: Eric Kennedy Okumu Ogola

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

Parties: Oriental Commercial Bank Limited v Albert R. Shitakha & Ludmilla I. Shitakha T/A Intertrans Services

Citation: Oriental Commercial Bank Limited V Albert R. Shitakha & Another [2014] eKLR

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Dhanji Jadra Ramji V Commissioner Of Prisons & Another [2014] eKLR

Case Number: Civil Case 275 of 1998 Date Delivered: 27 Jun 2014

Judge: Mathew John Anyara Emukule

Court: High Court at Nakuru

Parties: Dhanji Jadra Ramji v Commissioner of Prisons & Attorney General

Citation: Dhanji Jadra Ramji V Commissioner Of Prisons & Another [2014] eKLR

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Botanics Kenya Limited V Ensign Food (K) Limited [2014] eKLR

Case Number: Civil Case 99 of 2012 Date Delivered: 27 Jun 2014

Judge: Eric Kennedy Okumu Ogola

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Botanics Kenya Limited v Ensign Food (K) Limited

Citation: Botanics Kenya Limited V Ensign Food (K) Limited [2014] eKLR

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Siso Limited V Caroline Wanjihia T/a C W Wanjihia & Co Advocates [2014] eKLR

Case Number: Civil Case 163 of 2004 Date Delivered: 27 Jun 2014

Judge: Eric Kennedy Okumu Ogola

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

Parties: Siso Limited v Caroline Wanjihia t/a C W Wanjihia & Co Advocates

Citation: Siso Limited V Caroline Wanjihia T/a C W Wanjihia & Co Advocates [2014] eKLR

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Housing Company Of East Africa Limited V Board Of Trustees National Social Security Fund & Another [2014] eKLR

Case Number: Civil Case 543 of 2007 Date Delivered: 27 Jun 2014

Judge: Jonathan Bowen Havelock

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

Parties: Housing Company of East Africa Limited v Board of Trustees National Social Security Fund & Kisima Management Limited

Citation: Housing Company Of East Africa Limited V Board Of Trustees National Social Security Fund & Another [2014] eKLR

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Christopher Ndolo Mutuku & Another V CFC Stanbic Bank Limited [2014] eKLR

Case Number: Civil Case 74 of 2011 Date Delivered: 27 Jun 2014

Judge: Francis Gikonyo

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

Parties: Christopher Ndolo Mutuku & Caroline Njoki Mutuku v CFC Stanbic Bank Limited

Citation: Christopher Ndolo Mutuku & Another V CFC Stanbic Bank Limited [2014] eKLR

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Exclusive African Treasures Limited V Africa Eco-Camps Ltd [2014] eKLR

Case Number: Civil Case 378 of 2008 Date Delivered: 27 Jun 2014

Judge: Eric Kennedy Okumu Ogola

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

Parties: Exclusive African Treasures Limited v Africa Eco-Camps Ltd

Citation: Exclusive African Treasures Limited V Africa Eco-Camps Ltd [2014] eKLR

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Cosmas Mutiso Muema V Kenya Road Transporters Limited & Another [2014] eKLR

Case Number: Civil Case 285 of 2006 Date Delivered: 26 Jun 2014

Judge: Mary Muhanji Kasango

Court: High Court at Mombasa

Parties: Cosmas Mutiso Muema v Kenya Road Transporters Limited & another

Citation: Cosmas Mutiso Muema V Kenya Road Transporters Limited & Another [2014] eKLR

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Equitorial Commercial Bank Ltd V Jodam Engineering Works Limited & 2 Others [2014] eKLR

Case Number: Civil Case 13 of 2012 Date Delivered: 26 Jun 2014

Judge: Mary Muhanji Kasango

Court: High Court at Mombasa

Parties: Equitorial Commercial Bank Ltd v Jodam Engineering Works Limited, Shadrack Kiema Mutua & Esther Nduku Kimuli

Citation: Equitorial Commercial Bank Ltd V Jodam Engineering Works Limited & 2 Others [2014] eKLR

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Moses Wachira V Niels Bruel & 3 Others [2014] eKLR

Case Number: Civil Case 16 of 2006 Date Delivered: 26 Jun 2014

Judge: Jacqueline Kamau

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

Parties: Moses Wachira v Niels Bruel, Helmuth Rame, Airtraffic Limited & Capital Airlines Limited

Citation: Moses Wachira V Niels Bruel & 3 Others [2014] eKLR

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Centurion Engineers & Builders Ltd. V Kenya Bureau Of Standards [2014] eKLR

Case Number: Civil Case 506 of 2012 Date Delivered: 26 Jun 2014

Judge: Jonathan Bowen Havelock

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

Parties: Centurion Engineers & Builders Ltd. v Kenya Bureau Of Standards

Citation: Centurion Engineers & Builders Ltd. V Kenya Bureau Of Standards [2014] eKLR

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R N K & Another V Patrick Mwai & Another [2014] eKLR

Case Number: Civil Case 342 of 2009 Date Delivered: 26 Jun 2014

Judge: David A Onyancha

Court: High Court at Nairobi (Milimani Law Courts)

Parties: R N K & M K M v Patrick Mwai & Coast Broadway Company

Citation: R N K & Another V Patrick Mwai & Another [2014] eKLR

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Dismas Paul Nyongesa V Lawrence Mokaya [2014] eKLR

Case Number: Civil Case 74 of 2006 Date Delivered: 26 Jun 2014

Judge: Anne Omollo

Court: High Court at Bungoma

Parties: Dismas Paul Nyongesa v Lawrence Mokaya

Citation: Dismas Paul Nyongesa V Lawrence Mokaya [2014] eKLR

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Kakamega Paper Convertors Limited V Mohanlal Arora & 4 Others [2014] eKLR

Case Number: Civil Case 91 of 2011 Date Delivered: 26 Jun 2014

Judge: Jonathan Bowen Havelock

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Kakamega Paper Convertors Limited v Mohanlal Arora, Sushila Mohanlal Arora, Paspulati Jayasurya Sunil Raj, East Africa Paper Convertors Ltd & Bank of Baroda

Citation: Kakamega Paper Convertors Limited V Mohanlal Arora & 4 Others [2014] eKLR

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Technomatic Limited T/A Promopack Company V Kenya Wine Agencies Limited & Another [2014] eKLR

Case Number: Civil Case 398 of 2005 Date Delivered: 26 Jun 2014

Judge: Jonathan Bowen Havelock

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Technomatic Limited T/A Promopack Company v Kenya Wine Agencies Limited & Jaswinder S. Obhrai

Citation: Technomatic Limited T/A Promopack Company V Kenya Wine Agencies Limited & Another [2014] eKLR

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