Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: Environment and Land CourtCivil Suit
…Further, the doctrine of legitimate expectation cannot oust clear statutory provisions of the Government Lands Act on how to alienate public land.…
…There cannot be a legitimate expectation without adherence to statutory or constitutional provisions. It has been held in several persuasive authorities, R. v.…
Division and case type: CivilCivil Suit
…These are the statutory provisions in the Land Disputes Tribunals Act, which are not inconsistent with the Constitutional Provisions.…
Division and case type: Environment and Land CourtCivil Suit
…The statutory provisions governing the review of orders and decrees are Section 80 of the Civil Procedure Act, CAP 21, and Order 45 of the Civil Procedure Rules, 2010.…
…Further, failure to present your case before the Court for being unready to proceed is not a valid ground for review under the above-quoted statutory provisions and court decisions.…
Division and case type: Environment and Land CourtCivil Suit
…Counsel for the 1st Defendant pointed out to the Court that there were no statutory provisions which had been outlined before the Court to support the argument by the 2nd Defendant’s Counsel.…
…Looking at the Constitution, the statutory provisions of the Evidence Act read together with the Advocates Act, this Court is of a different opinion.…
Division and case type: High Court CivilCivil Suit
…Further, that Article 159 cannot override the Limitations of Actions Act as it is not a panacea for non-compliance with statutory provisions. 9.…
Division and case type: Environment and Land CourtCivil Suit
…Therefore, the respondent’s assertion of delay fails to displace the application which I find to be substantially unchallenged, solid and meritorious noting all the Constitutional and Statutory provisions and authorities…
Division and case type: Environment and Land CourtCivil Suit
…Parties to the suit filed written submissions on the issues raised in the application, citing relevant statutory provisions and case law to guide the court. 6.…
Division and case type: Environment and Land CourtCivil Suit
…THAT the Honourable Court be pleased to strike out this suit for failure to comply with the mandatory statutory provisions of the Law as specified in this application. d.…
Division and case type: Environment and Land CourtCivil Suit
…been made without unreasonable delay; and (b) such security as the court orders for the due performance of such decree or order as may ultimately be binding on him has been given by the Applicant. 11 Arising from the above statutory…
…provisions, an Applicant for stay of execution of a decree or order pending appeal is obliged to satisfy the conditions set out in Order 42 Rule 6(2), aforementioned: namely: - that substantial loss may result to the applicant…
Division and case type: High Court CivilCivil Suit
…Sections 90 and 92 of the Land Act 2012 are the relevant statutory provisions to the issues raised in this application and they provide as hereunder in so far as the said sections are relevant to the matter at hand; Section…
…Further, it is evident that the Respondent failed to comply with the statutory provisions for issuance of the notices under the Land Act and therefore, the Applicant has established a Prima Facie case.…
Division and case type: High Court DivCivil Suit
…They argued that the suit is time-barred, having been filed after 12 years, thus violating statutory provisions under Sections 7 and 10 of the Limitation of Actions Act.…
Division and case type: High Court CivilCivil Suit
…They maintained that they fulfilled their obligation in law and complied with statutory provisions.…
Division and case type: Environment and Land CourtCivil Suit
…Further that the same violates sections 26 to 29 of the Land Adjudication Act by purporting to appeal the decision of the Land Adjudication Officer contrary to statutory provisions.…
Division and case type: High Court CivilCivil Suit
…The Court must nevertheless consider the substance of the two Applications and not merely the different statutory provisions cited. Both Applications attack the Counterclaim dated 22nd April, 2020.…
Division and case type: Environment and Land CourtCivil Suit
…From these Statutory provisions quoted, NET is empowered to issue conservatory/injunctive orders while exercising its mandate.…
Division and case type: High Court DivCivil Suit
…Compliance with statutory provisions is a legal obligation, not a courtesy, such information is, or ought to be, within the knowledge of all business operators.…
Division and case type: High Court CivilCivil Suit
…The rationale behind this precept is that statutory provisions ousting Court’s jurisdiction must be construed restrictively.…
Division and case type: High Court DivCivil Suit
…Having considered the parties submissions, the relevant statutory provisions, and the established jurisprudence on the stay of proceedings, this Court finds that the Applicant has failed to provide a compelling basis for…
Division and case type: High Court DivCivil Suit
…They further averred that upon the Plaintiff’s continued default, the 2 nd Defendant proceeded to exercise its statutory power of sale with respect to the subject properties and that it duly complied with all the statutory…
…provisions to enable it realise the subject properties but that despite the issuance of the aforesaid Statutory Notices, the borrower and the Plaintiff failed to remedy the default prompting the 2 nd Defendant to instruct…
Division and case type: Environment and Land CourtCivil Suit
…The application does not cite proper statutory provisions for eviction nor demonstrate compliance with the Land Act. In Owners of Motor Vessel “Lillian S’ v.…