Case law
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Division and case type: CivilCivil Appeal
…Reference was made to section 27(1) of the same Act and its terms are:- “27(1) Section 4(2) does not afford a defence to an action founded on tort where:- (a) the action is for damages for negligence, nuisance or breach of…
…Since, however, this aspect of the case was conceded by Mr Aboo the reference to these decisions did not take us very much further.…
Division and case type: CivilCivil Appeal
…Mr Akhaabi conceded that the defence witness (DW2) had said that there was some money collected and missing during that period that is during 1965 and 1966 but, with reference to the events at the meeting, the witness had…
Division and case type: CivilCivil Appeal
…His reasons for doing this were, that the Standard Building contract form provides, for the time for completion to be extended for good cause so it would be unjust to compute that period with reference to the contractor’s…
…The English ones were numerous and so were references to text books on them by English qualified authors.…
Division and case type: CivilCivil Appeal
…This submission is based on the belief that document signed by the appellant at the request of Mr Woodgates and to which I have already made reference was a legal discharge.…
Division and case type: CivilCivil Appeal
…These are headed with references to the Council and the Ninth Schedule of the Trade and Market By-Laws of 1969.…
…They acknowledge receipt of Kshs 50 for some fee and go on to mention M'Mukanya and Nyamu as bearers of those documents who had been allocated a plot at this market and then follows a reference to the (Council?)…
Division and case type: CivilCivil Appeal
…No reference to section 38 of the Act was made in the said summons. However, the appellant’s claim to the suit land was clearly pursuant to the provisions of this section.…
…The appellant’s entire affidavit makes no reference to a certified extract of title to land parcel No E Wanga/Isongo/ 1512 out of which the suit land is claimed. None appears to have been annexed thereto.…
Division and case type: CivilCivil Appeal
…The plaintiff in the subordinate court died while the appeal was pending and upon application by the administrator of her estate, I granted an order for substitution hence for ease of reference, I shall refer to the plaintiff…
Division and case type: CivilCivil Appeal
…Section 30 of the Limitation of Actions Act is as follows:- “30(1) In sections 27, 28 and 29 of the Act, any reference for the material facts relating to a cause of action is a reference to one or more of the following:-…
Division and case type: CivilCivil Appeal
…Sub-section (1) (2) and (3) of section 30 of the Act provide; 30. (1) In sections 27, 28 and 29 of this Act, any reference to the material facts relating to a cause of action is a reference to one or more of the following…
Division and case type: CivilCivil Appeal
…Besides, in my judgment an agreement that is held to be void for all purposes could not be the basis for a reference to a panel of elders.…
Division and case type: CivilCivil Appeal
…Reference was made to Volume 31 of Encyclopedia Forms and Precedents 5th Edition at pages 495 – 498 as follows “Source of the law.…
…They also considered the Statute of Frauds which expressly refers to signature by an agent and that a clause which contain no reference to an agent was to be held to require personal signature.…
Division and case type: CivilCivil Appeal
…Both parties were or are domiciled in Kenya and there had been no previous proceedings in any court with reference to the said marriage.…
…In all circumstances the question of cruelty or no cruelty should not be decided merely by reference to every decision reported in the law reports.…
Division and case type: CivilCivil Appeal
…Notwithstanding the fact that the insurance policy contained a clause stipulating that all disputes arising had to be referred to arbitration, and before any such reference was made, the plaintiff filed a suit against the…
Division and case type: CivilCivil Appeal
…The court was grateful for the reference to Henry H Ilanga v M M Anyoka [1961] E A 705 at p 713 where the proper approach is set out, derived from several celebrated English cases.…
Division and case type: CivilCivil Appeal
…Signed C Y O Owayo Commissioner of Mines and Geology” The Commissioner’s letter reference No L/35/(69) addressed to the Deputy Chief Litigation Counsel in the Attorney-General’s Chambers and dated 3rd December, 1992 confirms…
…It is true that in his ruling the trial judge made no reference to the appellant’s statement of defence nor to its grounds of opposition to the respondent’s application.…
Division and case type: CivilCivil Appeal
…Inamdar's digest with reference to pelvic injuries could have helped.…
Division and case type: Milimani Commercial CourtsCivil Appeal
…Further on the question of the credibility of the plaintiff’s evidence particularly in relation to events immediately preceding the accident, I cannot ignore Dr Abila’s reference and comments on plaintiff’s proneness to forgetfulness…
Division and case type: CivilCivil Appeal
…In all cases within sub-s.(1) of this section, and also on all matters of public history, literature, science or art, the court may resort for its aid to appropriate books or documents of reference. (3).…
…This might be done by reference to a book or document of reference and would include a judicial decision but in view, especially, of the present apparent lack in Kenya of authoritative text books on the subject, or of any…
Division and case type: CivilCivil Appeal
…Reference to a “month” in a statute is to be understood as a calendar month. The Interpretation and General Provisions Act Cap. 2, says so. 6. See also Dodds v Walker [1981] 1 WLR 1029. 7.…
Division and case type: CivilCivil Appeal
…The term is described therein in the following terms: property": thus we speak of real and personal estate, or partnership estate, trust estate, etc, especially with reference to questions of administration, as in the case…