Bench Bulletin - Issue 12 - Kenya Law Reports
Bench Bulletin - Issue 12 - Kenya Law Reports
Bench Bulletin - Issue 12 - Kenya Law Reports
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KENYA LAW REPORTS<br />
BENCH BULLETIN<br />
DIGEST OF CASES FEATURED<br />
COURT OF APPEAL<br />
CHARGE<br />
Framing of a charge – duplicity in framing of charge – appellant claiming that the addition of the particulars relating to<br />
the wounding of the complainant in the robbery charge made it duplicitous – charge failing to include the words dangerous”<br />
and “offensive” to describe the weapons the robbers were armed with – effect of – whether the inclusion of one or more of<br />
the alternative modes of bringing a robbery charge made it duplicitous<br />
David Njuguna Wairimu v David Njuguna Wairimu ..................................................................................................................... 37<br />
Statutory power of sale - sale by public auction-where the suit property was sold to the second respondent through public<br />
auction-where the purchase price was paid after four days instead of the required 25% at the fall of the hammer and the<br />
balance within sixty days-whether the auctioneer diligently discharged his duties in exercising his discretion<br />
Marco Munuve Kieti v Official Receiver and Interim Liquidator Rural Urban Credit Finance & another ............................ 42<br />
Statutory power of sale - where the first respondent exercised the statutory power of sale and sold the appellant’s<br />
property to the second respondent by public auction-whether the first respondent was entitled to exercise the statutory<br />
power of sale-where the suit property was registered in the second respondent’s name-equity of redemption-whether the<br />
appellant’s equity of redemption was extinguished<br />
Marco Munuve Kieti v Official Receiver and Interim Liquidator Rural Urban Credit Finance & another ............................ 42<br />
CIVIL PRACTICE AND PROCEDURE<br />
Damages - mesne profits-where the second respondent sought the appellant be condemned to pay mesne profits to him for<br />
the occupation of the suit property-where the suit property was registered under the second respondent’s name-whether<br />
the second was entitled to the rent for the period of occupation<br />
Marco Munuve Kieti v Official Receiver and Interim Liquidator Rural Urban Credit Finance & another ............................ 42<br />
Judicial review - leave - application for leave to file for judicial review orders-whether the application for leave to apply<br />
for judicial review orders was within the statutory time-whether application for leave for judicial review orders would<br />
operate as stay-where the superior court ordered that the leave for judicial review application operate as stay-validity of<br />
application-<strong>Law</strong> Reform Act (cap 26) section 9 (3); Public Procurement and Disposal Act (Act No. 3 of 2005) section 100<br />
(1); Interpretation and General Provisions Act (cap 2) section 57; Judicature Act (cap 8) section 10<br />
<strong>Kenya</strong> Power and Lightning Company v NMG Company & 3 Others (Interested Parties) .......................................................39<br />
Stay - application for stay of proceedings and orders of the High Court pending hearing and determination of the intended<br />
appeal-whether the applicant demonstrated that the intended appeal was arguable and that it would be rendered nugatory<br />
unless a stay was granted-validity of application-Court of Appeal Rules rule 5 (2) (b)<br />
<strong>Kenya</strong> Power and Lightning Company v NMG Company & 3 Others (Interested Parties) ...................................................... 39<br />
Stay – stay in cases of appeal – stay of recovery of costs awarded to the respondent – appeal against conditional stay<br />
granted – delay in filing appeal – application to strike out – grounds that the appeal had been filed out of time and<br />
without leave of the court – certificate of delay having been issued by the deputy registrar – claims that the certificate of<br />
delay was not proper and could not be relied upon to explain the delay period – court considerations – whether the cases<br />
warranted striking out.<br />
Ratemo Oira t/a Ratemo Oira & Company Advocates v Blue Shield Insurance Co. Ltd ............................................................38<br />
Stay of execution – application for stay of execution of a judgment and decree by the High Court – application grounded<br />
under sections 3A & 3B of the Appellate Jurisdiction Act – applicant having disobeyed an earlier order by the High Court<br />
to deposit security in an interest earning account – overriding objective of the Appellate Jurisdiction Act- whether the<br />
applicant could rely on the overriding objective having failed to comply with the High Court’s ruling – notice of appeal<br />
relating to the main judgment and not the High Court’s ruling - whether applicant could rely on the overriding objective<br />
provisions having disobeyed the High Court’s ruling – whether non-compliance with the High Court ruling had a bearing<br />
on the application before the appellate court – Rule 5 (2) (b) Court of Appeal Rules and sections 3A & 3B of the Appellate<br />
Jurisdiction Act<br />
Hunker Trading Company Ltd v Elf Oil <strong>Kenya</strong> Ltd........................................................................................................................55<br />
Taxation – appeal – appeal against dismissal of an application for taxation by third party – power to order advocate<br />
to deliver cash account – delay in filing appeal – application to strike out – grounds that the appellant had no right of<br />
appeal – claims that the was no leave to appeal obtained – certificate of delay having been issued by the deputy registrar<br />
- computation of time within which the appeal should have been filed – whether the certificate of delay could be relied<br />
on – whether leave was required to file appeals from the decisions on originating summons.<br />
Ratemo Oira t/a Ratemo Oira & Company Advocates v Blue Shield Insurance Co. Ltd ............................................................38<br />
4 <strong>Issue</strong> <strong>12</strong>: April-June 2010