Case law
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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: CivilCase number Civil Application
…by order extend the time limited by these Rules, or by any decision of the court or of a superior court for the doing of any act authorized or required by these Rules whether before or after the doing of the act, and a reference…
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: CivilCase number Civil Application
…Reference to the full bench explained. July 30,1987 PLATT JA…
Division and case type: CivilCivil Appeal
…Mr Akhaabi conceded that the defence witness (DW2) had said that there was some money collected and missing during that period that is during 1965 and 1966 but, with reference to the events at the meeting, the witness had…
Division and case type: CivilCivil Appeal
…His reasons for doing this were, that the Standard Building contract form provides, for the time for completion to be extended for good cause so it would be unjust to compute that period with reference to the contractor’s…
…The English ones were numerous and so were references to text books on them by English qualified authors.…
Division and case type: CivilCivil Appeal
…This submission is based on the belief that document signed by the appellant at the request of Mr Woodgates and to which I have already made reference was a legal discharge.…
Division and case type: CivilCivil Appeal
…These are headed with references to the Council and the Ninth Schedule of the Trade and Market By-Laws of 1969.…
…They acknowledge receipt of Kshs 50 for some fee and go on to mention M'Mukanya and Nyamu as bearers of those documents who had been allocated a plot at this market and then follows a reference to the (Council?)…
Division and case type: CivilCivil Appeal
…No reference to section 38 of the Act was made in the said summons. However, the appellant’s claim to the suit land was clearly pursuant to the provisions of this section.…
…The appellant’s entire affidavit makes no reference to a certified extract of title to land parcel No E Wanga/Isongo/ 1512 out of which the suit land is claimed. None appears to have been annexed thereto.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…Section 30 of the Limitation of Actions Act is as follows:- “30(1) In sections 27, 28 and 29 of the Act, any reference for the material facts relating to a cause of action is a reference to one or more of the following:-…
Division and case type: CivilCivil Appeal
…Sub-section (1) (2) and (3) of section 30 of the Act provide; 30. (1) In sections 27, 28 and 29 of this Act, any reference to the material facts relating to a cause of action is a reference to one or more of the following…
Division and case type: CivilCase number Civil Application
…The application made under rule 4 of the Rules is to be viewed by reference to the underlying principles of justice. In applying the criteria of justice, several factors ought to be taken into account.…
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 Appeal
…Besides, in my judgment an agreement that is held to be void for all purposes could not be the basis for a reference to a panel of elders.…
Division and case type: CivilCivil Suit
…In these circumstances I have no doubt that the reference by the learned judge to the necessity of corroboration of the evidence of the boys, and of each of them, was a misdirection.…
…Mr Osoro’s reference to instanced material which he said could have amounted to corroboration had the learned judge thought about it.…
Division and case type: CivilCivil Appeal
…Reference was made to Volume 31 of Encyclopedia Forms and Precedents 5th Edition at pages 495 – 498 as follows “Source of the law.…
…They also considered the Statute of Frauds which expressly refers to signature by an agent and that a clause which contain no reference to an agent was to be held to require personal signature.…
Division and case type: CivilCivil Appeal
…Both parties were or are domiciled in Kenya and there had been no previous proceedings in any court with reference to the said marriage.…
…In all circumstances the question of cruelty or no cruelty should not be decided merely by reference to every decision reported in the law reports.…
Division and case type: CivilCivil Appeal
…Notwithstanding the fact that the insurance policy contained a clause stipulating that all disputes arising had to be referred to arbitration, and before any such reference was made, the plaintiff filed a suit against the…
Division and case type: CivilCivil Appeal
…The court was grateful for the reference to Henry H Ilanga v M M Anyoka [1961] E A 705 at p 713 where the proper approach is set out, derived from several celebrated English cases.…