Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CivilCivil Appeal
…Anything short of that willnot advance the course of justice and will weaken the Rule of Law in thiscountry. I sympathize with the views expressed by Mr. Momanyi.…
Division and case type: CivilCivil Appeal
…law if a pressure group, like the federation, or even a single public-spirited taxpayer, were prevented by outdated technical rules of locus standi from bringing the matter to the attention of the court to vindicate the rule…
…of law and get the unlawful conduct stopped.…
Division and case type: CivilCivil Appeal
…defence which, in an action to which this section applies; may be available by virtue of any written law other than section 4(2) of this Act (whether it is a written law imposing a period of limitation or not) or by virtue of…
…any rule of law or equity; or b)the operation of any law which, apart from this section, would enable such an action to be brought after the end of the period of three years from the date on which the cause of action accrued…
Division and case type: CivilCivil Appeal
…of the law is that the courts will not make orders, in legal proceedings affecting a party’s rights without giving that party an opportunity of being heard … To my mind very clear words would be required to take away fundamental…
…What is clear from this observation of Salmon, L.J., is the admission that statute can take away or limit fundamental rights or those given by the general rule of law which can also be described as the common law.…
Division and case type: CivilCivil Appeal
…Learned counsel Mr Oraro said it was trite rule of law that before a person applies for a temporary injunction he or she must show a cause of action which is dependant on the validity of the plaint.…
Division and case type: CivilCivil Appeal
…Learned counsel Mr Oraro said it was trite rule of law that before a person applies for a temporary injunction he or she must show a cause of action which is dependant on the validity of the plaint.…
Division and case type: CivilCivil Appeal
…Courts are the ultimate custodians of the rights and liberties of people whatever the status and there is no rule of law that courts will abdicate jurisdiction merely because the proceedings or enquiry are of an internal…
Division and case type: CivilCivil Appeal
…(a) any defence which, in an action to which this section applies, may be available by virtue of any written law other than section 4(2) (whether it is a written law imposing a period of limitation or not) or by virtue of…
…any rule of law or equity; or (b) the operation of any law which, apart from this section, would enable such an action to be brought after the end of the period of three years from the date on which the cause of action accrued…
Division and case type: CivilCivil Appeal
…Ndirangu, (1990-1994) EA 64, as a basis for the principle that it is a fundamental rule of law, that Court Orders are to be obeyed. 38.…
Division and case type: CriminalCriminal Appeal
…It is not a rule of law that, in order to support a conviction, there must be corroboration of a dying declaration (R v Eligu s/o Odel and another (1943) 10 EACA 9; Re Guruswani[1940] Mad 158, and there may be circumstances…
…As regards the probative force of a dying declaration the court said: ‘Although there is no rule of law that to support a conviction there must be corroboration of such statements, it is generally recognised that it is very…