Case law
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Division and case type: CivilCivil Case
…He submitted that this is a rule of procedure of the Supreme Court of England, which our High Court is adopting, by virtue of section 5 of the Judicature Act, Chapter 8, Laws of Kenya.…
…As the Supreme Court requires that an application be made to a judge in chambers, I consider that the rule is not inconsistent with the provisions of our order XXXIX rule 9 of the Civil Procedure Rules.…
Division and case type: CivilMiscellaneous Application
…The Judicial elevation talked of here sprang from the decision of the Canadian Supreme Court in the Case of THE QUEEN V DRYBONES (1970) S.C.R. 282 where the Court interpreted Section 2 of the Bills of Rights (similar to our…
…Pylee in his Constitution of the World said; - “The US Supreme Court showed the way as to how the Constitution should be adopted to various crises of human affairs.”…
Division and case type: CivilMiscellaneous Application
…(a) The point is now concluded by the decision of the Supreme Court, in Manohur Lal Chopra v Seth Hira Lal (b) wherein it has been held that the Court has powers under s 151 to issue an injunction in cases not falling within…
…The Supreme Court was divided on this.…
Division and case type: CivilMiscellaneous Application
…arrogate itself of jurisdiction that it does not have, Moreover, Article 165(5) (b) expressly bars this Court from hearing and determining disputes which are reserved for the Courts contemplated in Article 162(2) and the Supreme…
…Court. 6.…
Division and case type: CivilCivil Case
…It is true that the decision ultimately turned on this point and equally true that the contention might not be good after the passing of the Supreme Court of Judicature Act, 1873, enjoining common law courts to take into…
Division and case type: CivilCivil Case
…earlier in Shah Bharmal v Santosh Kumari [1961] EA at p 681, Forbes JA had taken the view that despite the then more restricted discretion given in East Africa than in England by order LVIII rule 15 of the Rules of the Supreme…
…Court, the mistake of a legal adviser could amount to sufficient cause, though in that case there was held to be no mistake but merely inordinate delay, a factor which weighed with the court in Gachau v Karau (supra).…
Division and case type: Environment and LandMiscellaneous Application
…South Construction Company,184 Ind. 221, 110 N.E. 977 (1915), although the holding was based on proximate cause, the Indiana Supreme Court stated: “It has been laid down by law writers and the courts that the time of infancy…
Division and case type: CivilCivil Case
…In any event and without prejudice to the foregoing, the issue on custody of land documents and records was canvassed and determined by the Supreme Court in the Matter of the National Land Commission (2015) eKLR and is therefore…
Division and case type: CivilCivil Case
…I know that the Rules of the Supreme Court do not prescribe any summary procedure such as Ord 14 does for judgment or Ord 86 for specific performance. But that is no obstacle.…