Case law
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Division and case type: CivilCivil Appeal
…The application for amendment was opposed on grounds that there was lack of good faith that the proposed amendments were useless; that omission to quantify earlier was not curable; that limitation had set in. that is, no…
…if an amendment is to be allowed; that if the court is not satisfied as to the truth and substantiality of the proposed amendment it ought to be disallowed; that the proposed amendment must not be immaterial or useless or…
Division and case type: CivilCivil Appeal
…But the power of the court specifically provides that an amendment may be made at any stage of the proceedings.…
…the amendment was allowed.…
Division and case type: CivilCivil Appeal
…Apart from these provisions, the Court had wide powers of amendment and should exercise those powers in order to be able to arrive at a correct decision in the case and to nally determine the controversy between the parties…
…Had issues been framed at the hearing, the necessity for amendment of the pleadings would immediately have become apparent, and much trouble and expense avoided.…
Division and case type: CivilCivil Appeal
…The application for the proposed amendment which has not been heard seeks to delete reference to section 143. But prayers 3, 4 and 5 are identical as in the original Originating Summons.…
…In any event, there was before the superior court a pending application which sought directions of the Court and if that Court thought that amendments to the appellants’ Originating Summons were necessary to ensure that the…
Division and case type: CivilCivil Appeal
…Acting pursuant to The Law Society of Kenya (.General) (Amendment) Regulations, 1995, which were published in the Kenya Gazette as Legal Notice No. 279 of 1995, the LSK advised the Bank in writing to stop all transactions…
…which was issued to Laura Ombogo and Miriam Ombogo, on 1st November, 1996, more than one year after the death of the deceased, it is shown at the bottom as having been amended on 1st November 1999, but the nature of the amendments…
Division and case type: CivilCivil Appeal
…Acting pursuant to The Law Society of Kenya (.General) (Amendment) Regulations, 1995, which were published in the Kenya Gazette as Legal Notice No. 279 of 1995, the LSK advised the Bank in writing to stop all transactions…
…which was issued to Laura Ombogo and Miriam Ombogo, on 1st November, 1996, more than one year after the death of the deceased, it is shown at the bottom as having been amended on 1st November 1999, but the nature of the amendments…
Division and case type: CivilCivil Appeal
…Acting pursuant to The Law Society of Kenya (.General) (Amendment) Regulations, 1995, which were published in the Kenya Gazette as Legal Notice No. 279 of 1995, the LSK advised the Bank in writing to stop all transactions…
…which was issued to Laura Ombogo and Miriam Ombogo, on 1st November, 1996, more than one year after the death of the deceased, it is shown at the bottom as having been amended on 1st November 1999, but the nature of the amendments…
Division and case type: CivilCivil Appeal
…Section 6(2) of the Act which was introduced by The Statute Law (Repeal and Miscellaneous Amendments) Act, 1980, and which is as follows: "(2) For the avoidance of doubt it is declared that the declaration of a trust of agricultural…
…It is noteworthy that in the Memorandum and Objects of the Statute Law (Repeal and Miscellaneous Amendments) Bill, it is stated with respect to the amendment of the then existing section 6(2) of the Land Control Act that:…
Division and case type: CivilCivil Appeal
…That case was based on the construction of section 2 of the Chancery Procedure Amendment Act (Lord Cairn’s Act).…
Division and case type: CivilCivil Appeal
…The amendment also affected prayer (c) in respect of interest under which the appellant now claimed interest on the decretal amount (principal and costs) from February 4, 1983 being the date of repudiation of liability up…
Division and case type: CivilCivil Appeal
…Leave was granted on that basis, and the notice of motion filed subsequently on 27th July, 2004 could only have been argued on the basis of the prayers for which leave was granted, unless amendment was sought under Order…
…No amendment was sought or granted under that rule or at all. So that, what the appellant sought to do was merely to enforce the orders issued in Misc. 646/04 by filing a fresh application.…
Division and case type: CivilCivil Appeal
…ex parte judgment in favour of the respondent and I would order that the case be remitted to the Senior Resident Magistrate at Murang’a to be dealt with in accordance of the provisions of the Magistrate’s Jurisdiction (Amendment…
…decision of the High Court should be reversed, the judgment of the Murang’a resident magistrate must be set aside and the suit sent back to him to deal with in accordance with section 9 of the Magistrates’ Jurisdiction (Amendment…
Division and case type: CivilCivil Appeal
…The learned Judge recorded that by consent the application for amendment of the notice of appeal filed on 12th November, 1997, be granted as prayed with costs of the application being costs in the appeal.…
Division and case type: CivilCivil Appeal
…The Limitation Act 1963 is an Amendment Act of Laws of England and Wales Limitation Act 1939.…
Division and case type: CivilCivil Appeal
…It has been stated on many occasions that a litigant ought to be given a chance to defend or prosecute his suit if he has an arguable defence or claim which can be sustainable even after amendment of the pleadings.…
Division and case type: CivilCivil Appeal
…advertised on the same day as service was effected on the company, that is to say August 31, 1983, whereas, as Mr Englehart pointed out at the beginning of his submissions, the requirement by the then recently introduced amendment…
…It was, I think, common ground that at the time the petition was advertised, it did not comply with rule 23 as it was after the 1983 amendment, which requires advertisement not less than seven days after its service on the…
Division and case type: CivilCivil Appeal
…This section is reproduced (with minor amendment) in the present section 459 of the Companies Act 1985.”…
…We were urged in argument that section 210 of the English Companies Act 1948 and amendments thereto have the same objective as has section 211 of the Kenya Companies Act 1948 which are to safeguard and protect the rights…
Division and case type: Anti-CorruptionCivil Appeal
…Regarding the borrowing powers of the Company we shall expect you to advise them to make the necessary amendments to the Memorandum of Articles of Association to enable the Company to borrow as necessary.…
…The debenture, the loan agreement, the legal charge, the guarantee and the amendment of the appellant companies Memorandum and Articles of Association, in themselves may not be condential because some of them had to be exchanged…
Division and case type: CivilCivil Appeal
…The Banking (Amendment) Bill, 1985 Kenya Gazette Supplement No. 38 whose object was to provide for greater efficacy in the management of the banking industry and that the judgment of this court would be of interest to the…
Division and case type: CivilCivil Appeal
…S 1 of the Act; that the words “singed by him” were explicit and that there was no ground for altering the words of the statute or giving to the statute a judicial interpretation which would in eect be an amendment or alteration…
…, sub-section 1, of the Act; that the words “signed by him” were explicit; and that there was no ground for altering the words of the statute or giving to the statute a judicial interpretation which would in eect be an amendment…