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…On this point, it has been held that: “An unincorporated association is not a legal person and therefore cannot sue or be sued unless such a course is authorised by express or implied statutory provisions…” (see New Hampshire…

…personal therefore the cause of action did not survive the death of Stephen Kiruthi Mukabi. 4) The learned magistrate in reaching his conclusion in the said ruling totally disregarded the appellant’s submissions on the binding statutory…

…provisions in Section 2 of the Law Reform Act to which he did not refer or comment. 5) The learned Magistrate’s ruling was unjust, unfair and illegal as it amounted to shutting the appellants from the legal process as known…

…The language, used in these three statutory provisions, is similar, in tone and character, and it serves the same end, expeditious disposal of matters. 14.…

…The learned trial magistrate erred in law in failing to appreciate the facts and overwhelming laws and statutory provisions tendered to prove the trial court had no jurisdiction.…

…The learned trial magistrate erred in law in failing to appreciate the statutory provisions on the jurisdiction of the Energy & Petroleum Regulatory Authority and the Energy & Petroleum Tribunal.…

…The learned trial magistrate erred in law in failing to appreciate the facts and overwhelming laws and statutory provisions tendered to prove the trial court had no jurisdiction.…

…The learned trial magistrate erred in law in failing to appreciate the statutory provisions on the jurisdiction of the Energy & Petroleum Regulatory Authority and the Energy & Petroleum Tribunal.…

…Being guided by the foregoing authorities, i find that it is necessary to consider the salient statutory provisions of the Civil Procedure Act and the Magistrate’s Court Act so as to determine the question whether the Magistrate…

…From the above statutory provisions, there seems to be an apparent conflict between section 15 of the Civil Procedure Act and section 3(2) of the Magistrates’ Courts Act.…

…The language, used in these three statutory provisions, is similar, in tone and character, and it serves the same end, expeditious disposal of matters. 14.…

…submitted that the Appellant has failed to satisfy the requirements for the admission of additional evidence under section 358 of the Criminal Procedure Code and that his reliance on Article 50(6) of the Constitution and other statutory…

…provisions is misplaced.…

…E018 of 2023 held that sentencing provisions in sexual offences must be interpreted strictly, as the courts lack jurisdiction to amend statutory provisions, which is the role of Parliament.…

…However, Article 159 was never intended to override mandatory statutory provisions. Indeed, in Nicholas Salat vs.…

…The Court notes that the pleadings filed by the Applicant are poorly structured and do not clearly cite the constitutional or statutory provisions relied upon.…

…That the learned trial magistrate erred in law and fact in failing to comply with statutory provisions to the prejudice of the appellant. viii. That the sentence was manifestly excessive and harsh. 4.…

…That the learned trial magistrate erred in law and fact in failing to comply with statutory provisions to the prejudice of the appellant. viii. That the sentence was manifestly excessive and harsh. 4.…

…identification. 5) Whether the conviction on both counts was proper in law and supported by the evidence on record. 6) Whether the sentence of twenty (20) years’ imprisonment was lawful, proper and in accordance with the applicable statutory…

…provisions. 11.…

…Reliance was placed on the statutory provisions governing review and the Applicant urged the Court to exercise its wide discretion in the interests of justice. The Appellant's Response 8.…

…court. k) That whether the appeal is meritorious or not, is not the issue at this point as the appellant had 30 days to file a notice of appeal and 60 days to file and serve the record of appeal and having not complied with statutory…

…provisions stated in law, the merits or lack thereof, should be seen in that light and by the court now properly in charge of this matter. 4.…

…The applicant must place before the court credible evidence demonstrating circumstances falling within the statutory provisions. 13.…

…The appellants in this appeal have simply stated that the orders made by the Magistrate were against the law, clear statutory provisions and equity.…

…In the circumstances of the above statutory provisions and case law this court finds that the trial magistrate was right in striking out the suit so that the Appellant can adjudicate the same in the right forum namely the…