Case law
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Division and case type: CivilCivil Case
…OBED OMARI MOGERE……………….2ND DEFENDANT RULING This is an application by the plaintiffs brought by way of Notice of Motion under Section 3A of the Civil Procedure Act for an order that the court do vary and/or set aside the…
Division and case type: CivilCivil Case
…On application by the plaintiff an interlocutory judgment was entered against the defendant and suit listed for formal proof.…
Division and case type: CivilCivil Case
…It is plainly from the correspondence exhibited by both the plaintiff and the defendant in the various applications made herein that the matters complained of were discovered by the defendants after investigations instigated…
…It has not been so set aside and I think an application seeking this remedy would have little success.…
Division and case type: CivilCivil Case
…The defect according to the Uganda High Court is curable by an application to the court under the provisions of the Constitution for directions.…
…I agree with the Attorney General that the appropriate forum for such an application is not the High Court but the review tribunal referred to in paragraphs (c), (d) and (e) of section 83(2).…
Division and case type: CivilCivil Case
…An application was made for an adjournment so that the defence could call him. The application was disallowed; so to that the failure to call him cannot be attributed to any deliberate withholding of a witness.…
Division and case type: CivilCivil Case
…From the evidence, these duties included supervision of plot allocation whereby the Plaintiff would sale application forms to prospective applicants who would fill the forms and return them to the Plaintiff.…
…The Plaintiff would then check the applications to see the requirements.…
Division and case type: CivilCivil Case
…The Plaintiff’s Advocate opposed the application for adjournment and the Court agreed with her that because the Defendant’s Advocate had had ample opportunity to withdraw, he had not done so and was not entitled to an adjournment…
Division and case type: CivilCivil Case
…Application granted. Order: Further to the court’s order of 5.7.93, the owner of land 986 Eliud N. Gituto or his agent/servant be herein present in order to ascertain the boundary. Eliud N.…
Division and case type: CivilCivil Case
…The application was opposed by the defendant.…
Division and case type: Milimani Commercial CourtsCivil Case
…She testified that the plaintiff applied for a loan of Ksh 1 million from the defendant according to the application received by the defendant.…
Division and case type: CivilCivil Case
…He did not however have a copy of the sale agreement, application form for the land control board consent or even the transfer. With that 1st defendant closed his case.…
…He did not also tender in evidence the application form for the land control board or even the transfer form from Nderi Gatimu to himself.…
Division and case type: CivilCivil Case
…As regards the doctrine of res ipsa loquitur, I must state at this stage that no attempt was made by the plaintiff to establish the basis of its application and in the circumstances of this case, I find it has no application…
Division and case type: Milimani Commercial CourtsCivil Case
…Following an application by the plaintiff the defendants defence was struck out on December 13, 1985 on the ground that it did not disclose any reasonable defence, was frivolous, vexatious and an abuse of the process of court…
Division and case type: CivilCivil Case
…Mr Hewitt for the plaintiff argued that the agreement marked “A” annexed to the affidavit of Mukesh Kanji Rupshi Shah, a partner in the firm of Price Waterhouse Certified Accountings sworn in support of the plaintiff’s application…
Division and case type: CivilCivil Case
…The plaintiff had the liberty of bringing an application in any of the pending suits for a remedy.…
Division and case type: Milimani Commercial CourtsCivil Case
…Therefore, even though there were steps which the Plaintiff could have taken to regularise the position at the time of transfer to avoid the necessity of the application of equitable principles, nevertheless I am of the view…
Division and case type: CivilCivil Case
…Nothing but administrative business was transferred by statute to the council in this case, and the application for licenses which have to be determined judicially.…
Division and case type: CivilCivil Case
…Clause 11 provided that the letter of offer to advance and representations contained in plaintiffs’ application from which they had lodged with Society would constitute the terms and conditions of the agreement to advance…
Division and case type: CivilCivil Case
…In the circumstances I nd that application of a multiplicand to calculate loss of dependency would not be appropriate. 52.…
Division and case type: Milimani Commercial CourtsCivil Case
…Nzambi handed her Mombasa advocate, Mr Master, two cheques together worth Kshs 42,000 from Franco Vituli, a builder, made out to Kituu which became the subject of an application by the Assistant Public Trustee.…