Search court decisions

…was in error of law and fact in finding that the Respondent/Plaintiff had made out her case as required. 3) THAT the learned magistrate was in error of law and fact in failing to find that the deceased was equally, or partly…

…or largely, if not wholly, culpable of the occurrence of the accident. 4) THAT the learned magistrate was in error of law and fact in disregarding the Appellant/defence testimony on the occurrence of the accident. 5) THAT…

…Consequently, there is no error of law exhibited by the Appellant.…

…Accordingly, this complaint does not reveal an error of law. 55.…

…The interpretation of Section 41 of the Small Claims Court Act to allow review of errors of law is anathema to good conscience and established procedure under Section 38(1) where only points for law are appealable to the…

…Though I note section 41 grants jurisdiction to review an error of law on the face of the record, it cannot apply to conclusions and findings already made.…

…The interpretation of Section 41 of the Small Claims Court Act to allow review of errors of law is anathema to good conscience and established procedure under Section 38(1) where only points for law are appealable to the…

…Though I note section 41 grants jurisdiction to review an error of law on the face of the record, it cannot apply to conclusions and findings already made.…

…The learned Magistrate committed an error of law by not adequately establishing and verifying the ownership of the motor vehicle with the registration number KAE 267G. 2.…

…The learned Magistrate committed an error of law by failing to determine whether sufficient evidence was presented to substantiate the claim for material loss, as mandated by the laws of evidence. 3.…

…both of law and fact. 2) Ground 2.…

…THAT the Learned Magistrate fell into serious error of law and fact in failing to hold the Respondent bound by its pleadings and erred in disregarding the Respondent's own pleadings with regard to the established business…

…In the instant case, the Appellant did not displace the presumption and I therefore find no error of law in the trial court’s conclusion that the Appellant was 100% liable. 15.…

…This appeal largely invites a re-evaluation of factual findings, which is impermissible in an appeal from the Small Claims Court unless a clear error of law is demonstrated.…

…Nduda (2025) KEHC 12818 (KLR) for the argument that failure by a judicial officer to analyze and make a determination on a specific piece of probative evidence is an error of law.…

…He argued that the adjudicator did not consider his written submissions or authorities, amounting to an error of law. The Respondent’s Submissions 13.…

…It is confined to interrogating whether the decision below discloses an error of law.…

…Whether the Apportionment of Liability Discloses an Error of Law 21. The gravamen of the appeal is the finding of contributory negligence.…

…latter doctrine does not give immunity in transaction of a commercial nature” The second defendant has now filed an application asking the Court to review its dismissal order on the grounds inter alia that the order contains errors…

…of law apparent on the face of the record.…

…of law on the face of the record; or (e) new facts previously not before the Court have been discovered by either of the parties. (2) The application referred to under subsection (1) shall be made within thirty days of the…

…The error of law that is to be reviewed must be apparent on the face of the record. There does not need to be arguments. This is an error that can be seen by all.…

…This was an error of law on the face of the record and amounted to misconduct by the arbitrators.…

…(b) Whether the Trial Court committed an error of law by shifting the evidentiary burden of proof and admitting extrinsic evidence. Analysis 11. This is a first and final appeal from the Small Claims Court.…

…(b) Whether the Trial Court committed an error of law by shifting the evidentiary burden of proof and admitting extrinsic evidence. 19.…

…the Court on the ground that— (a) the order was made ex-parte without notice to the applicant; (b) the claim or order was outside the jurisdiction of the Court; (c) the order was obtained fraudulently; (d) there was an error…

…of law on the face of the record; or (e) new facts previously not before the Court have been discovered by either of the parties. (2) The application referred to under subsection (1) shall be made within thirty days of the…

…of law warranting interference with the judgment rendered.…

…the Small Claims Court is limited to matters of law, it is now settled that where a trial court ignores material evidence or arrives at a conclusion unsupported by the evidence on record, such a finding gives rise to an error…

…Peter Gichuki King’ara v Independent Electoral and Boundaries Commission & 2 others [2014] eKLR , the Appellant asserts that the improper evaluation of evidence leading to an incorrect legal determination constitutes an error…

…of law. 7.…

…of law on the part of the trial court that would warrant interference with its decision. 21.…

…By the express terms of Section 38(1), this Court does not sit to re-open and re-weigh the factual record, and its mandate is confined to the correction of errors of law.…

…In reply to the appellants’ submissions Mr Dhankal for the respondent reiterated the legal position that in a second appeal it is incumbent on the appellant to show that an error of law has been committed by the lower court…

…The error maybe one of fact, but it is not limited to matters of fact, and includes also an error of law." 14.…

…A review cannot be claimed or asked merely for a fresh hearing or arguments or correction of an erroneous view taken earlier, that is to say, the power of review can be exercised only for correction of a patent error of law…