Case law
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Division and case type: CivilCivil Appeal
…But the real battle that was fought before us, was on the learned judge’s award of damages to the respondents under the Law Reform Act.…
…In that case, as in this, the capacity of a plaintiff to commence an action for the benefit of a deceased’s estate under the Law Reform Act was disputed.…
Division and case type: CivilCivil Appeal
…Her two sons (the repondents) filed suit in the superior court claiming damages under The Law Reform Act and The Fatal Accidents Act (chapters 26 and 32 respectively of The Laws of Kenya).…
…It is now settled law that a plaintiff has no locus standi to claim under The Law Reform Act until after he has obtained letters of administration to administer the estate of the deceased concerned.…
Division and case type: CivilCivil Appeal
…There was quite clearly a fundamental error on the part of the Superior Court in granting such extension of time as Section 9(3) of the Law Reform Act, Cap 26 Laws of Kenya, quite clearly shows that an application for leave…
…It can readily be seen that order 53 rule 2 (as it then stood) is derived verbatim from S.9(3) of the Law Reform Act.…
Division and case type: CivilCivil Appeal
…Justice Juma) in Nairobi on 27th June, 1996 by which the respondent was awarded damages under the Fatal Accidents Act and the Law Reform Act arising out of the death of her husband in a road traffic accident which occurred…
…The second ground of appeal complains about the learned judge awarding a sum of shs.80,000/= under the Law Reform Act when the respondent had not taken out letters of administration for the estate of her deceased husband…
Division and case type: CivilCivil Appeal
…and the Law Reform Act.…
…It was contended by Mr Inamdar, for the respondent, that it was wrong on the part of the learned judge to award a sum of Shs 60,000/= under the Law Reform Act when damages had already been assessed at Shs 270,000/= under…
Division and case type: CivilCivil Appeal
…because of the work-load in the superior court, may not have time to apply his mind to the strict requirements of the Act which Act of course limits the granting of such leave in respect of personal injury, Fatal Accidents Act…
…, and the Law Reform Act claims only.…