Case law
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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 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: CivilMiscellaneous Application
…Appeal to court (1) Any party to a reference aggrieved by any determination or order of a Tribunal made therein may, within thirty days after the date of such determination or order, appeal to the Environment and Land Court…
Division and case type: CivilCivil Case
…The facts leading to this reference are not in dispute.…
…As the applicants have been entirely successful in this reference, I would award the costs thereof to them with interest from the usual dates at the usual rates. Orders accordingly.…
Division and case type: CivilCivil Appeal
…The record of the Tribunal seems to suggest that the delay in finalizing the hearing of the Reference before the Tribunal cannot be attributed to any one in particular.…
…The learned National Chairman of the Tribunal has said that the reference came for hearing before two past chairmen of the Tribunal namely M E Mut and then Mr S Pao and also before Mr Imanyara and finally before Mr George…
Division and case type: CivilCivil Case
…The reference of the dispute to arbitration having not been by order of Court. The agreement to submit to arbitration was enteredinto while the three suits were pending.…
…Agreements to refer disputes to arbitrationentered into after a suit or suits have been filed are governed either by 0.45, Civil Procedure Rules, if references are made by order of court or under 0.24 rule 6 Civil Procedure…
Division and case type: CivilCivil Suit
…The elders who dealt with the defendant’s grievance did not do so pursuant to a reference made to them. Their decision was and is of no legal effect.…
Division and case type: CivilCivil Case
…If it was not for that Judgment, the Plaintiff would have agitated its claim as mortgagee with reference to that Judgment.…
Division and case type: CivilCivil Case
…Reference was made to affidavits which had been sworn and filed in connection with the interlocutory application. The first, that of the plaintiff, was sworn on 14th September, 1987.…
…This was about ten years before the plaintiff wrote this letter, yet nowhere in the letter does the plaintiff make any reference to it.…
Division and case type: CivilCivil Case
…This tactic together with the very brief reference to Nova Chemicals in the admitted letter of the 27th March and none at all in the letter of 22nd March 1986 (both letters already quoted in full) convince me that the four…
Division and case type: CivilCivil Suit
…I prefer to cite the latest decision of this court and in which reference is made to an English decision which in turn refers to, or cites some of the cases cited before me.…
Division and case type: CivilCivil Suit
…Towards the end of his judgement Kneller JA said: “It would not be right/ with particular reference to Leary’s case (supra) to appear to force the applicant on the organization until we have heard the appeal and or even perhaps…
Division and case type: CivilCivil Case
…The letter of termination read, in pertinent part, as follows: “TERMINATION OF SERVICE Reference is made to the investigations which have recently been carried out by Bank inspectors into (i) Kshs. 10.5 million fraud at the…
Division and case type: CivilCivil Case
…With reference to the circumstances of this case, Mr.…