Case law
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Division and case type: CivilCivil Suit
…The ground on which the application is based is that there is an agreement between the parties to the suit providing for – reference to arbitration of any matter in dispute arising out of the agreement between the parties…
…These powers include those of making orders for the preservation, interim custody or sale of goods, the subject matter of the reference or for the detention or preservation of any property or thing concerned in the reference…
Division and case type: Constitutional and Human RightsPetition
…But even assuming that this was a case where leave could be sought and obtained to lodge the appeal out of time, there is no such reference to the order for leave to appeal out of time. 12.…
…No objection was led and no Reference was led to this court. 18. What I have is an appeal against the taxation ruling.…
Division and case type: CivilCivil Suit
…However, the dismissal was referred to the full court (Madan, Miller and Potter, JJA) which reference was also dismissed on December 3, 1981.…
…The strictures of this Court in its judgment on the reference from a single judge in the intended appeal by the applicant from a decision refusing to set aside the sale were therefore inappropriate.…
Division and case type: Constitutional and Human RightsPetition
…In making reference to Constitutional Petition No. 50 of 2020, he indicated that it came up for hearing on 28th July, 2020 before Judge E.…
…He made reference to Judge E. Ogola’s ruling in the said petition on page 11 at paragraph 21, where he captured the issue raised in the present application. Mr. Masila indicated that the matter before Judge E.…
Division and case type: CivilCivil Suit
…In the ruling the judge found and held:- “After making reference to the Forensic Document Examiner’s Report and in particular the findings with regard to the exhibits marked A1 to A15, the report dated 17th May 2019 leaves…
Division and case type: CivilCivil Suit
…The elders who dealt with the defendant’s grievance did not do so pursuant to a reference made to them. Their decision was and is of no legal effect.…
Division and case type: CivilCivil Suit
…The defendant reacted to that letter vide their letter dated 13.5.97 bearing the same reference number. The contents are that they had received the report and evaluated it.…
…The plaintiffs responded vide their letter dated 19.5.97 bearing the same reference number and this bore the total amount in the fee note as Kshs 55,543.00 made up as hereunder: 1.…
Division and case type: Constitutional and Human RightsPetition
…In the ruling the judge found and held:- “After making reference to the Forensic Document Examiner’s Report and in particular the findings with regard to the exhibits marked A1 to A15, the report dated 17th May 2019 leaves…
Division and case type: Constitutional and Human RightsPetition
…section 8 of the Immigration Act (Repealed) which provisions has been replaced by section 43 of the KCIA and by virtue of section 23 of the Interpretation and General Provisions Act (Chapter 2 of the Laws of Kenya), the reference…
…to the repealed Act is therefore reference to section 43 of the KCIA.…
Division and case type: CivilCivil Suit
…I prefer to cite the latest decision of this court and in which reference is made to an English decision which in turn refers to, or cites some of the cases cited before me.…
Division and case type: CivilCivil Suit
…In these circumstances I have no doubt that the reference by the learned judge to the necessity of corroboration of the evidence of the boys, and of each of them, was a misdirection.…
…Mr Osoro’s reference to instanced material which he said could have amounted to corroboration had the learned judge thought about it.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONPetition
…(c) The said parcel of land known as LR 209/11095/259 was initially earmarked as an open space (playground) in the original plan following the subdivision of Reference No. 209/11095 into various plots.…
Division and case type: CivilCivil Suit
…This may tie in with the reference to Kshs 3,000 made by William Mwenyesi in his sketch plan [Exhibit 3] in the plot next to that of Stephen Mtsonga.…
…Then there is the evidence of William Mwenyesi, the recording officer, and his sketch plan which despite some obscurities in it and the reference to the land being leased by the plaintiff to the defendant supports the version…
Division and case type: CivilCivil Suit
…Towards the end of his judgement Kneller JA said: “It would not be right/ with particular reference to Leary’s case (supra) to appear to force the applicant on the organization until we have heard the appeal and or even perhaps…
Division and case type: Constitutional and Human RightsPetition
…They qualify for inheritance under section 3(2) of the Succession Act, where child is defined as follows: “Reference in this Act to “child” or children shall indicate a child conceived but not yet born (as long as that child…
Division and case type: Environment and LandPetition
…Viewed thus, the petition fell short of the very substantive test to which the High Court made reference to.…