by Boaz KaaweAIDA ATIKU VERSUS CENTENARY DEVELOPMENT BANK LIMITED CIVIL SUIT NO. 0754 OF 2022 (HIGH COURT OF UGANDA)
By Boaz Kaawe LL.B. (Hons), Bar Candidate (2022) BRIEF FACTS: On 2nd January 2020, Aida Atiku opened up a personal savings account at Centenary Bank and deposited UShs.56, 320,000. She then made one withdrawal of UShs. 700,000 on the 13th January, 2020. When she went to the bank to withdraw the rest of the money on the 27th August 2020, she was shocked to learn that her account had zero...
by Quincy KiptooCivil Appeal Number 80 of 2017 Case Brief : Basil Criticos -vs- National Bank of Kenya (as the successor in Business to Kenya National Capital Corporation Limited “Kenyac”) and Kenya National Capital Corporation
By Quincy Jesse Kiptoo LL.B. (Hons), CPM, Dip in Law In the year 1991, Basil Criticos (the Appellant/Guarantor) was a director and shareholder of a company called Agro Development Company. The Company borrowed the sum of Ksh. 20,000,000 from Kenya National Capital Corporation Limited (KENYAC) with interest at the rate of 19% per annum, and with discretion to the bank to vary the rate of...
by adminPeter John Kahia (suing as personal representative of the estate of the late Willingstone Kahia Njuguna) -vs- Stephen Kanyiaru Baceri & 2 Others (2018).
By Tracy Jebet LL.B.(Hons) Facts. The late Willingstone Kahia whose estate is being represented in this case included a piece of land known as GATAMAIYU/KAGAA/62 measuring 0.20 Acres. Willingstone Kahia purchased the property on 22nd November, 1961. Immediately after purchase he sought to divert the road that passed through the land. Consequently, the late Willingstone took measures to divert...
by Quincy KiptooCASE BRIEF : Musk Deer Limited -vs- Benjamin K. Kipkurui & another [2018] eKLR
By Quincy Jesse Kiptoo LL.B. (Hons), CPM, Dip in Law Prior to an incident that happened on 16th June, 2007, Benjamin K. Kipkurui (1st respondent) may have thought he was the absolute registered proprietor of a property comprised in a Title registered at the Lands Titles Registry, Mombasa as C.R. 21127. Not before the Municipal Council of Mombasa (2nd respondent) purported to send auctioneers...
by Boaz KaaweCASE BRIEF THE STATE OF MAHARASHTRA -VS- DR. PRAFUL B. DESAI (2003)4 SCC 601
BY BOAZ KAAWE The case came as an appeal from the Bombay High court judgement; that ‘evidence cannot be recorded by video conferencing in a criminal trial.’ 1. FACTS: 1.1. The complainant’s wife was suffering from terminal cancer. The complainant’s wife was examined by Dr. Ernest Greenberg of Sloan Kettering Memorial Hospital, New York, USA, who opined that she was inoperable and...
by Boaz KaaweCASE BRIEF Okiya Omtatah Okoiti and Wyclife Gisebe Nyakina -vs- the Attorney General and 4 others Civil Application No. 15 of 2015 (UR 152015)
By Boaz Kaawe 1. Facts: 1.1. The petitioners (Okiya Omtatah Okoiti and Wyclife Gisebe Nyakina) on the 5th of February 2014, had invited the High Court to intervene and stop the contracting of the China Road and Bridge Corporation (the-4th respondent) to implement the Mombasa-Nairobi-Malaba/Kisumu standard gauge railway on grounds of flagrant violation of the 2010 constitution of Kenya; which...
by Boaz KaaweCASE BRIEF Non-Governmental Organisations Co-ordination Board –vs- E.G and 5 others Civil Appeal No. 145 of 2015
By Boaz Kaawe 1. PRIOR PROCEEDINGS: 1.1. The background to the appeal is that the 1st respondent floated three names under which he sought to register a non- governmental organisation with the appellant, seeking to address human rights abuses and violations suffered by the Lesbian, Gay, Bisexual, Transgender, Intersex and Queer persons (LGBTIQ) in this country, and the request was rejected by...
by Boaz KaaweCASE BRIEF LOISE NDUTA ITOTI -VS- AZIZA SOUD HAMISI CIVIL APPEAL NO.84 OF 2019
By Boaz Kaawe 1. FACTS: 1.1. The Respondent (Aziza Soud Hamisi) by an amended originating summons dated 16th October 2015 asked the Environment and Land Court at Malindi to determine among other issues; whether she was entitled to the disputed land (Plot No.MN/III/506) by virtue of adverse possession and whether the Registrar of Titles Mombasa District Land Registry could issue a provisional...
by Boaz KaaweCASE BRIEF Cyprian Andama -vs- DPP and Another, Article 19 East Africa (Interested Party) (2019) Eklr
Facts of the Case 1. The Petitioner sought to challenge the constitutional validity of Section 84D of the Kenya Information and Communication Act on the basis that it criminalizes the publishing of obscene information in electronic form in vague and overboard terms thereby limiting the constitutionally guaranteed freedom of expression and right to information. 2. The petitioner had been...
by Boaz Kaawe