Case law
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Division and case type: High Court CivilCivil Appeal
…Rashid (PM) delivered on 12/03/2025 in Kisumu CMCC No. 523 of 2019 between Margaret Atieno Osadho v KCB Bank Kenya Limited & Metropol Credit Reference Bureau Limited) 1.…
…It further contended that the entire suit was premature as there was a procedure for delistment from a Credit Reference Bureau that the plaintiff had not followed. 3.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…James Okoth Ombura t/a Okoth Ombura & Co Advocates [2013] eKLR, Reuben Kioko Mutyaene v Kenya Commercial Bank Limited; Transunion t/a Credit Reference Bureau Africa Limited (Interested Party) [2020] eKLR among others on aggravated…
…Reference was made to the decision in Selina Patani & another v Dhiranji v Patani (2019)eKLR. 27.…
Division and case type: CivilCivil Appeal
…Mr Ombaka said the reference to the order was unnecessary because it related to summary procedure.…
Division and case type: CivilCivil Appeal
…Mr Ombaka said the reference to the order was unnecessary because it related to summary procedure.…
Division and case type: CivilCivil Appeal
…The aforegoing constitutes the background leading to this reference.…
…In the result we allow the reference. The applicant is granted leave to file his notice of appeal out of time.…
Division and case type: Environment and Land CourtPetition
…That the costs of and occasioned by this Reference be provided for. 2. …
…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.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Appellant complained about the basis under which his name had been handed by the Respondents to the Reference Bureau.…
…The Court ordered the Respondent to secure the delisting of the Appellant's name from the Credit Reference Bureau promptly.…
Division and case type: Environment and Land CourtPetition
…In exercise of its discretion to file a reference out of time, a court has to be satisfied that the omission to file the same within time was excusable.…
…In other words, there has to be a plausible explanation for the delay in filing the reference within the statutory period.…
Division and case type: High Court DivCivil Appeal
…The court dismissed the reference on 22.7.2025 on the grounds, among others, that the reference was filed five months late without the court's leave.…
…The applicants filed the reference on 16.9.2024, exactly five months after the delivery of the ruling on the bill of costs on 24.4.2024; the applicants did not seek an extension of time to file the reference, as provided…
Division and case type: Environment and Land CourtPetition
…I frame the single dominant issue for the court's determination as to whether to enlarge the time to file a reference to this court. 5.…
…By the time he was discharged, the 14-day window to file a reference to this court had lapsed. 7. He quickly filed this application to allow time to file the reference.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The listing was occasioned by reference to the Bureau by the respondent Bank.…
…Banking (Credit Reference Bureau) Regulations, 2020.…
Division and case type: High Court CivilCivil Appeal
…The appellant was subsequently listed with a credit reference bureau, with respect to accounts that he knew nothing about.…
…He said that the appellant subsequently caused a credit reference bureau to list him as a defaulter. He alleged breach of contract and negligence. 14. He made reference to 4 accounts.…
Division and case type: High Court DivCivil Appeal
…The Applicant further prayed that the costs of the reference be awarded in his favour. ii.…
…Whether the present reference is competently before the Court under Rule 11 of the Advocates Remuneration Order 41) The Respondents have raised a preliminary objection to the competence of the present reference.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…2008 , Section 25(8) imported into credit reference bureau Regulations 2013, and put the appellant to strict proof on his allegations that there was malice in publishing the said information.…
…Secondly, reference to the plaintiff. The claimant need not be expressly named in the publication.…
Division and case type: High Court CivilCivil Appeal
…It is pointed out that the 8 th Respondent is attempting to achieve indirectly what he failed to pursue directly through a reference. 7.…
…The 8 th Respondent/Applicant instead of filing a reference opted to file the instant application for review under order 45 rules 1(1) (b) and2 of the Civil Procedure Rules. 13.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…from the Credit Reference Bureau listing. d.…
…The Honourable Court erred in law in misconstruing and misapplying the provisions of the Credit Reference Bureau Regulations, 2020. 8.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…excess interest charges, refund of the monies paid on basis of the said excess interest rates; refund of monies debited as valuation charges, and the recall of the names of the directors of the respondent from the credit reference…
…On whether the names of the directors should be delisted from credit reference bureaux, the law on listing in credit reference bureaux is the Credit Reference Bureau Regulations, 2013.…
Division and case type: Environment and Land CourtPetition
…What are the fundamental legal principles to be considered for granting a stay of execution pending the filing of the Reference? 23.…
…The Petitioners/Applicants seek for stay of the Certificate of Costs pending the filing of a Reference over the decision of the Taxing Master.…
Division and case type: High Court CivilCivil Appeal
…According to the Respondent, the Applicant should have lodged an objection/reference to the outcome of the taxation as provided under Regulation 11 of the ARO.…
…Reference was made to numerous decisions on the subject of objection to taxation of costs including the case of Sharma vs.…
Division and case type: Environment and Land CourtPetition
…Kilifi/Jimba/376 to the 1st, 2nd and 3rd respondents; b) The desired outcome of the petition is a declaration that the certificate of title Land Reference No.…
…Kilifi/Jimba/376, issued to the 1st, 2nd, and 3rd respondents by the 4th respondent, is null and void ab initio; c) A declaration that parcels of Land Reference No.…