Case law
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Division and case type: CivilCivil Appeal
…Mr Ombaka said the reference to the order was unnecessary because it related to summary procedure.…
Division and case type: CivilCivil Appeal
…Mr Ombaka said the reference to the order was unnecessary because it related to summary procedure.…
Division and case type: CriminalCriminal Appeal
…Appeal in an intended Appeal from a judgment and order of the High Court at Nairobi (Oguk, J.) dated 24th June, 1996 in Criminal Appeal No. 920 of 1995) *************************** RULING OF THE COURT: The respondent in this reference…
…Further and without any reference to the Central Bank of Kenya the superior court set aside the order of forfeiture referred to above and ordered that all the money forfeited to the said Bank be released forthwith to the…
Division and case type: CivilCivil Appeal
…The aforegoing constitutes the background leading to this reference.…
…In the result we allow the reference. The applicant is granted leave to file his notice of appeal out of time.…
Division and case type: CivilCivil Appeal
…The respondents were dissatisfied with the sum of Shs.15,635/= awarded to them as costs by the Deputy Registrar and they made a reference to the single Judge pursuant to Rule 109 (2) of the Court's Rules.…
…The reference to the single Judge was made under Rule 109 (2) of the Rules.…
Division and case type: CriminalCriminal Appeal
…So it is the subordinate court which makes the reference under section 67 (1) of the Constitution of Kenya (the Constitution), not the party.…
…So one finds, as we see it, the issue narrowing itself down to one point namely: the subordinate court having not made a reference to the High Court, there could not be anything in the Constitution identified for interpretation…
Division and case type: CivilCivil Appeal
…The Respondent Co-operative Society purchased an area of 11,330 acres, comprising Land Reference 7612 at Kiu in the Machakos District, in 1971.…
…The list of the eighteen “legal”squatters, (presumably the heads of the respective families), a term to which the learned Judge made reference, appears in a letter from the Respondent to its advocates, Messrs, J K Mulwa &…
Division and case type: CivilCivil Appeal
…Perhaps the real object of the reference to Acres in the first instance was to settle minor disputes in the nature on pi-pricks on the sites.…
…The only reference to arbitration was continued in its letter of March 26, 1982 as follows: “Clause 4.57 of the contract lays down the procedure for resolving any disputes.…
Division and case type: CivilCivil Appeal
…Notwithstanding the provisions of art 101, to which references was made in the argument, Mr Bhangra retired from the company on August 10, 1976.…
…and this passage again followed by a reference to the law of partnership and to the Partnership Act.…
Division and case type: CivilCivil Appeal
…After the single judge has made his decision, a reference to the full bench may be made by either side under rule 54 of the rules.…
…It is the purpose of the reference to reconsider afresh the various aspects of the application.…
Division and case type: CivilCivil Appeal
…Unless it is a typographical error, this is another confusing feature perpetrated by the Appellants because reference of the ruling appealed against is in SPMCC.78/95.…
…(Further reference to this extract follows below) This group was met at the SUPKEM offices at Nairobi on 30lh November 1997.…
Division and case type: Environment and LandCivil Appeal
…But even assuming that this was a case where leave could be sought and obtained to lodge the appeal out of time, there is no such reference to the order for leave to appeal out of time. 12.…
…No objection was led and no Reference was led to this court. 18. What I have is an appeal against the taxation ruling.…
Division and case type: CivilCivil Appeal
…Thus, coupled with the current file under reference (Eld. HCCNo. 10/1980), there are five voluminous files in all. They, immediately give thebest testimony of the long history of this matter.…
…Consequential upon the Resident Judge's letter to me, I, through myDeputy Registrar, issued Notices to the Advocates for the parties to appearbefore me and address me on the reference and, indeed, the history of thematter…
Division and case type: CivilCivil Appeal
…therefore that unless we receive your admission of liability within fourteen (14) days of the date hereof, we shall institute legal proceedings at your risk as to costs and consequences ensuing therefrom without further reference…
…Take notice that unless we receive a satisfactory reply from your insured or yourselves within ten (10) days from the date hereof proceedings will be taken against you without further reference.…
Division and case type: CriminalCriminal Appeal
…Even then, the 3rd defendant did not attempt to satisfy the Auctioneers Rules with regard to the condition of the proclaimed goods for it was only with reference to the attached motor vehicle that he indicated the value.…
Division and case type: CriminalCriminal Appeal
…The former Court of Appeal for East Africa in Osongo and another v Republic , (1972) E A 170, 171 E and F, which was a reference to the full court, said that, it could not agree that if those words had not been used in the…
Division and case type: CivilCivil Appeal
…In his ruling dated 26th June, 1998 in which he refused to set aside his judgment dated 20th May, 1998 as is outlined in this judgment, Kuloba, J. made no reference to any of the “other enabling provisions of law” under which…
…Indeed, no reference was made to it in the ruling of the superior court out of which the order appealed from arises.…
Division and case type: CriminalCriminal Appeal
…The reference to a painful experience should, Mr Kitaitu argued, have alerted the magistrate to the coercion being brought to bear on the appellant, and appreciating what had happened, the magistrate should have changed the…
…References to the appellant’s career prospects, and the effect upon the appellant’s family if the appellant is imprisoned show that the appellant’s purpose was not to detract in any way from his plea of guilty but to persuade…
Division and case type: CriminalCriminal Appeal
…As the trial proceeded, there were references to the assessors as being recalled though there was no record of the time and at what stage of the proceeding they were requested to leave the court.…
…No reference is made of it in the judgment. The trial judge ought to have considered it. Failure to consider the defence is contrary to natural justice and unsettles the judgment Okethi Okale v Republic [1965] EA 555.…
Division and case type: CriminalCriminal Appeal
…We think the reference to a quarrel as an afterthought put forward for the reason we have stated, otherwise it would have formed a part of the appellant's statement which he made to the police on the day of the killing.…