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…We would further agree that on application of the articles of the Warsaw Convention 1929 to the evidence adduced in this suit the appellant was not entitled to rely on its claim to limitation of liability to the respondents…

…The court granted the application by allowing the responding to plead and rely on the agreement made on March 27, 1980 for the purchase of 5.3 acres.…

…He did not however have a copy of the sale agreement, application form for the land control board consent or even the transfer. With that 1st defendant closed his case.…

…He did not also tender in evidence the application form for the land control board or even the transfer form from Nderi Gatimu to himself.…

…Trainor, J granted the application and imposed interim injunctions on the Defendants as from August 10, 1984 pending the inter partes hearing of the summons.…

…Gachuhi, J heard the Plaintiff’s application for injunction on July 30, 1984 and dismissed it. Whatever the reasons given, it was too late. The suit was never heard. But Mrs Russell fought on.…

…It was ordered that the application be heard inter-partes on August 10 1988, on which date after the hearing inter-partes, the High court ordered that the ex parte order do remain in force and that the hearing interpartes…

…Mr Hewitt for the plaintiff argued that the agreement marked “A” annexed to the affidavit of Mukesh Kanji Rupshi Shah, a partner in the firm of Price Waterhouse Certified Accountings sworn in support of the plaintiff’s application…

…Either all persons directly affected by the appeal must be served with notice of appeal, or the court asked upon application, which may be made ex parte, to direct that service need not be effected on any person who took…

…Act (cap 160). section 2 of that Act provides in mandatory terms, that unless any other written law provides otherwise, the provisions of the Act “shall constitute the law in Kenya in respect of and shall have universal application…

…The Court gave vent to an important principle of law of universal application with respect to the right of a party to fulfil the role of an administrator of an intestate without obtaining letters of administration.…

…It is clear that before the application was brought there was no clear refusal.…

…It follows that the court had to investigate the area of conflict before it concluded that consent had been refused before the application was brought for the lessor to obtain possession of the premises.…

…Leaving aside for the moment the requirements of the Registration of Documents Act cap 284, it would seem that the Registrar is obliged to enter a Power of Attorney in the register thereof if the donor or the donee make an application…

…That power was unlimited in its application in respect thereof.…

…The plaintiff had the liberty of bringing an application in any of the pending suits for a remedy.…

…The plaintiff in the subordinate court died while the appeal was pending and upon application by the administrator of her estate, I granted an order for substitution hence for ease of reference, I shall refer to the plaintiff…

…who have to pay insurance premiums, medical fees or taxes (the body politics); 3. comparable injuries should attract comparable awards; 4. inflation should be taken into account; and 5. unless the award is based on the application…

…award of Kshs 786,600 general damages reduced to Kshs 619,200, the award of special damages, interest and costs in the High Court is confirmed, 60% of his costs of this appeal are to be paid by Jabane to Olenja and the application…

…In the application of this principle the existence or otherwise of instruction to alight from the tractor is immaterial.…

…Sakina and her three children have led objections to Wamaitha’s application alleging that the deceased was in no mental condition to make condition to make a will. This cause is still pending. 10.…

…The law of Succession Act (Cap 160) provides a special procedure for application for grant of probate and for dealing with any challenges to such an application.…

…AFC maintained that the plaintiff, that is, the appellant, was its “loanee”, that the appellant was in default and that the AFC was fully justified in seizing the pick-up, and (in the Notice of Objection to the injunction application…

…Failure to confirm such willingness within this time limit will be regarded as refusal to accept such appointment and such refusal will result in the application of the above quoted section of the Pensions Act ie payment…

…By whichever name it is called, it denotes the application of water to that which had by then become ( or which one hopes had by then become) the carcase of the animal taken to the factory for the purpose of being slaughtered…

…However, even on the foreman’s evidence, it transpired that there was a second, to use a neutral expression, application of water, in which the plaintiff was engaged, for he said, “Plaintiff was under my charge.…

…As was held in Barkway v South Wales Transport Co Ltd [1950] 1 All ER 392 at 393 B: “The application of the doctrine of res ipsa loquitur, which was no more than a rule of evidence affecting onus of proof of which the essence…