Search court decisions

…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.…

…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.…

…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.…

…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.…

…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.…

…That the deadline for filing the reference lapsed on 10th June 2025 and not 6th June 2025. The application was thus filed 3 days late.…

…Reference was made to several decisions including:- “KANU National Elections Board & 2 Others - Versus - Salah Yakub Farah [2018] eKLR”. …

…Before this Court are two competing references arising from the taxation of the Party and Party Bill of Costs dated 24 April 2024. The Taxing Officer, Hon.…

…Applicable Legal Principles The jurisdiction of this Court on a reference from a taxation is circumscribed.…

…APPEAL NO. 97 OF 1988) ********************* RULING OF THE COURT This is a reference to full Court against the ruling of the learned single Judge of this Court whereby he exercised his discretion under rule 4 of the Rules…

…Njage, counsel for the applicant, asks us in this reference under rule 54(1) (b) to vary, discharge or reverse the decision of the single judge on the ground that, he, in the exercise of his discretion failed to take into…

…Directions were given that both references be canvassed by way of written submissions. The Court has considered the respective affidavits, submissions and authorities cited.…

…Applicable Legal Principles The jurisdiction of this Court on a reference from a taxation is circumscribed.…

…Reference has been made to the provision of Section 234 of the Penal Code which provides for life imprisonment for the offence of grievous harm.…

…Further the appellant made reference to Section 4 of the Penal Code on what grievous harm is and argued that owing to the circumstances under which the offence was committed, there was need for a deterrence sentence.…

…On being referred to the Title Deed and the Green Card for Land reference Numbers MN/I/10121.…

…RW - 3 unearthed that allotment letter for Land Reference Number MN/1/9622.bears a Part Development Plan Reference number 76474/VIII/50A which was the basis upon which the mother block MN/1/9622 was created, it was from MN…

…The plain reading of count 5 and its particulars, it does suggest that a whole Occurrence Book was destroyed , while making reference to the evidence of the prosecution witnesses who made reference to the destruction of a…

…The Appellant submitted and made reference to the affidavit in support of opposition to bond .…

…On the Letter of Allotment, the reference number was 127258/6 the reference number on the receipt of 22nd February, 1995 was 127258. 85.…

…With reference to the letter dated 6th November, 2012 the witness told the court that Reference No. 127258/22 was addressed to the Senior Registrar of Titles, Mombasa. It had the same reference numbers.…

…In reference to the identification of the appellant as being the person who perpetrated the offence, it is trite that in sexual offences, the positive identification of the victim is what connects them to the offence.…

…In reference to age, the importance of proving age in a sexual offence case cannot be gainsaid.…

…In reference to the identification of the appellant as being the person who perpetrated the offence, it is trite that in sexual offences, the positive identification of the victim is what connects them to the offence.…

…In reference to age, the importance of proving age in a sexual offence case cannot be gainsaid.…

…Significantly, the Petitioner prays for the following orders: a) A declaration that the Petitioner is the sole registered owner of the suit property situate in Kitau Manda Island known as Land Reference Number CR NO. 30506…

…Portion Number 3, delineated on Land Survey Plan Number 173947. b) A declaration that the purported allocation of the suit property land situated in Land Reference Number CR NO. 45039 Portion Number 3, delineated on Land…

…So it is the subordinate court which makes the reference under section 67 (1) of the Constitution of Kenya (the Constitution), not the party.…

…So one finds, as we see it, the issue narrowing itself down to one point namely: the subordinate court having not made a reference to the High Court, there could not be anything in the Constitution identified for interpretation…

…Briefly, the 1st and 2nd respondents asserted that they do not have any interest in the suit land reference number Kasipul/Kamuma/5770.…

…Reference was made to the application, the replying affidavit, Order 1 Rule 10 (2) of the Civil Procedure Rules 2010, Werrot and Company Ltd & others-vs-Andrew Douglas & others (1998) eKLR and Kizito M.…

…Under Section 63 (1) of the Evidence Act 46 of 1963 CAP 80 Laws of Kenya, (1) Oral evidence must in all cases be direct evidence. (2) For the purposes of subsection (1) of this section, "direct evidence" means— (a) with reference…

…to a fact which could be seen, the evidence of a witness who says he saw it; (b) with reference to a fact which could be heard, the evidence of a witness who says he heard it; (c) with reference to a fact which could be…