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…unpleaded cause of action at the hearing, but although his advocate protested he did in fact, to some extent, participate in the consideration of this new cause of action, both by leading evidence and addressing the Court with reference…

…The appellants (hereinafter referred to as the plaintiffs)then filed an amended plaint in the superior court setting out(inter alia) particulars of malice with reference to alleged inducement of breach of contract by the…

…Reference was made to the notice of grounds for affirming the decision and it was thereafter submitted that the words ‘account closed’ imply the same thing to reasonable people as ‘refer to drawer’, being equally defamatory…

…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…

…The policy, as is normal in such policies, also provided in clause 9 thereof, which is commonly referred to in the trade as an “all differences” clause, for the reference of all differences arising out of the policy to, in…

…In Major Joseph Mweteri Igweta v Mukira M’Ethare Civil Application No NAI 8 of 2000 (unreported) I stated as follows:- “The application made under rule 4 of the Rules is to be viewed by reference to the underlying principle…

…Reference was made to the three dates ie September 25, 26, and 27, 1976 whose evidence the judge bore in mind and which was not challenged by the plaintiff in his evidence.…

…jurisdiction as given by Section 84(1) of the former Constitution. [11] In support of his submissions, the appellant relied on several authorities including the case of Protus Buliba Shikuku v The Attorney General, Constitutional Reference…

…Viewed thus, the petition fell short of the very substantive test to which the High Court made reference to.…

…What is the position, then, if there is an overseas principal, an agent resident in Kenya, and the former executes a power of attorney in the English language, but under English law with no specic reference to Kenya or to…

…For its full eect, the agreement was made with reference to the Act. The parties thereto knew that it was subject to the relevant provisions of the Act. They were enjoined in ensuring compliance thereof.…

…I should now make a further reference to Section 20 of the Act. I ask the question if the plainti’s action is within sub-section 2 of Section 20.…

…It is to be noted that no reference is made to those important telexes in the adavit to lead a warrant for the arrest of the ship sworn by Mr Johnson Robert Kariuki on behalf of Caltex on 5th December, 1988.…

…Viewed thus, the petition fell short of the very substantive test to which the High Court made reference to.…

…Viewed thus, the petition fell short of the very substantive test to which the High Court made reference to.…

…With reference to para 10 of the defence, it is a complete fabrication on the part of the defendant when he says that he resold and delivered to us one of the two compressors that we had sold to him.…

…There is a reference to another High Court Suit 772 of 1981 begun by way of originating summons which is between the same parties in which there is a claim for the same land by the appellant asking for registration as its…

…The first of these aspects to be considered is the customs of the Port of Mombasa since any stipulation as to unloading is always construed as made with reference to the custom of the port of discharge.…

…Acceptances conrmed their instructions to the respondents as follows:- “Messrs Kaplan & Straton Queensway House Kaunda Street Nairobi (Your Ref: JMK(23577) Dear Sirs Manchester Outtters Suiting Division We write with reference…

…It is true that the reasoning is sparse, and that the mere reference to notice relating to the sale of the suit premises is too short a statement in the circumstances of this case.…

…The basic reference-point in constitutional interpretation is the text. Application of the Constitution is a more dynamic notion.…