Case law
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Division and case type: Environment and Land CourtCivil Suit
…and entertain the Reference application. 9.…
…If an Objector is delayed in making his/her reference, he/she may apply for enlargement of time to make the Reference under Rule 11(4) of the same Order.” 11.…
Division and case type: Environment and Land CourtCivil Suit
…On 8th August 2025, the Plaintiff lodged the Reference now under consideration.…
…the subject matter of the Reference remained alive after the Consent. 12.…
Division and case type: High Court CivilCivil Suit
…reasons of the Reference marked Exhibit ROI & RO2” respectively. l) That from the draft reference it is clear that the applicant has an arguable Reference m) That the Applicant’s Reference has high chances of succeeding…
…are the same as those of stay pending appeal as the reference is actually an appeal against the decision of the taxing master .…
Division and case type: High Court CivilCivil Suit
…reference properly filed.…
…The Applicant filed the first reference on 12th August 2025, within fourteen days. That reference remained pending until 12th March 2026.…
Division and case type: High Court CivilCivil Suit
…reference properly filed.…
…The Applicant filed the first reference on 12th August 2025, within fourteen days. That reference remained pending until 12th March 2026.…
Division and case type: Environment and Land CourtCivil Suit
…First, whether the defendant has made out a case for extension of time to file a reference out of time. Second, whether the defendant’s intended reference has merit. Third, who shall bear costs of the application. 7.…
…Even if the court were to venture into the merits of the reference, it is obvious from the material on record that the defendant cannot possibly mount a competent reference.…
Division and case type: High Court DivCivil Suit
…stay of execution pending determination of the reference.…
…Whether the Applicant has satisfied the threshold for grant of stay of execution pending determination of the intended reference.…
Division and case type: High Court CivilCivil Suit
…According to the Defendant, the Ruling was a reasoned one hence the Reference ought to have been filed 14 days from the date thereof, and that when the Plaintiff filed the Reference on 3/03/2025, it was 18 days late.…
…The Respondent to such Reference must also be given a hearing before the Court may enlarge time.…
Division and case type: High Court CivilCivil Suit
…i)Competence of the Reference 8.…
…Two further principles bear directly on this Reference.…
Division and case type: High Court CivilCivil Suit
…The sufficiency or otherwise is not necessarily a bar to the filing of the reference since that insufficiency may be the very reason for preferring a reference.…
…not in itself preclude the objector from filing a competent reference.…
Division and case type: Environment and Land CourtCivil Suit
…The Applicant further prays that the costs of the present Reference be provided for by the Court. (b) The Respondent's Case 19. The Respondent opposes the Reference through the replying affidavit sworn by C.P.…
…That finding, however, is not by itself determinative of the present Reference. Even if the Court were to disregard altogether the reference to the assumed monthly retainer, a more fundamental difficulty remains. 53. …
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: Environment and Land CourtCivil Suit
…He attached his Reference to taxation and deposed that it raises credible issues requiring the intervention of the taxing master.…
…That a Reference to a Taxation can only be prosecuted under Rule 11 of the Advocates Remuneration Order. iii.…
Division and case type: Environment and Land CourtCivil Suit
…Finally, it is prayed that the costs of this Reference be duly provided for. 4.…
…The Reference was further addressed through written submissions pursuant to the Court's directions.…
Division and case type: Environment and Land CourtCivil Suit
…It was also argued that the reference is time barred and lacks merit.…
…Reference was made to the case of Premchand Raichand Ltd & Another vs Quarry Services of East Africa Ltd & Another [1972] EA 162. 20. The court was urged to decline to extend time and dismiss the reference with costs.…
Division and case type: High Court CivilCivil Suit
…That he is aggrieved by the said ruling and wishes to challenge the same by way of a Reference which he has filed by way of a Letter of Reference dated 3 rd April 2025.…
…Counsel has urged the court to preserve the subject matter and maintain the status quo until determination of the Letter of Reference.…
Division and case type: Environment and Land CourtCivil Suit
…The applicant stated that he instructed his advocate to file a reference against the decision, but Counsel failed to do so in a timely manner.…
…He believed that Counsel was preparing to file a reference until he received a notice to show cause for the execution of the bill of costs. 3.…
Division and case type: Environment and Land CourtCivil Suit
…The Defendants also fault the Plaintiff for failing to annex a draft reference or notice of objection. B. The Plaintiff’s case 5. …
…The Defendants point out that no draft reference or notice of objection was annexed. 49. I do not consider the absence of a draft reference, by itself, fatal.…
Division and case type: Environment and Land CourtCivil Suit
…dated 12th September 2024, the Plaintiff moved this Honorable court for an order to compel the 3rd Defendant herein to furnish the Plaintiff with the necessary documentation from the Lands Registry to establish why Land Reference…
…On 23rd September, 2024 Honorable court granted an order directing the 3rd Defendant to produce the correspondence files relating to Land Reference No. 12866 and Dundori/Miroreni Block 2/65 for the inspection of the Court…
Division and case type: Environment and Land CourtCivil Suit
…The Defendants also fault the Plaintiff for failing to annex a draft reference or notice of objection. B. The Plaintiff’s case 5. …
…The Defendants point out that no draft reference or notice of objection was annexed. 49. I do not consider the absence of a draft reference, by itself, fatal.…