Search court decisions

…The aforegoing constitutes the background leading to this reference.…

…In the result we allow the reference. The applicant is granted leave to file his notice of appeal out of time.…

…NO. 2 OF 1998) ***************** RULING OF THE COURT This is a reference to full court from the decision of Omolo JA sitting as a single judge of this Court by which he rejected the applicant's application for extension of…

…In the circumstances we find no merit in this reference and it is accordingly dismissed with costs to the respondent. Dated and delivered at Mombasa this 27th day of January, 1999. R. O. KWACH ..............…

…NO. 575 OF 1968) *********** RULING OF THE COURT The reference before us which has been brought under rule 54 of our Rules, is from the ruling dated 25th February, 1997, of Tunoi, JA sitting as a single Judge of this court…

…Tunoi, JA had held that “as far as the issue of extension of time to lodge appeal out of time is concerned”, he was bound by an earlier ruling in a reference to the full bench of this court dated 2nd October, 1996, which…

…The respondents were dissatisfied with the sum of Shs.15,635/= awarded to them as costs by the Deputy Registrar and they made a reference to the single Judge pursuant to Rule 109 (2) of the Court's Rules.…

…The reference to the single Judge was made under Rule 109 (2) of the Rules.…

…The Respondent Co-operative Society purchased an area of 11,330 acres, comprising Land Reference 7612 at Kiu in the Machakos District, in 1971.…

…The list of the eighteen “legal”squatters, (presumably the heads of the respective families), a term to which the learned Judge made reference, appears in a letter from the Respondent to its advocates, Messrs, J K Mulwa &…

…Perhaps the real object of the reference to Acres in the first instance was to settle minor disputes in the nature on pi-pricks on the sites.…

…The only reference to arbitration was continued in its letter of March 26, 1982 as follows: “Clause 4.57 of the contract lays down the procedure for resolving any disputes.…

…Notwithstanding the provisions of art 101, to which references was made in the argument, Mr Bhangra retired from the company on August 10, 1976.…

…and this passage again followed by a reference to the law of partnership and to the Partnership Act.…

…After the single judge has made his decision, a reference to the full bench may be made by either side under rule 54 of the rules.…

…It is the purpose of the reference to reconsider afresh the various aspects of the application.…

…However, the dismissal was referred to the full court (Madan, Miller and Potter, JJA) which reference was also dismissed on December 3, 1981.…

…The strictures of this Court in its judgment on the reference from a single judge in the intended appeal by the applicant from a decision refusing to set aside the sale were therefore inappropriate.…

…therefore that unless we receive your admission of liability within fourteen (14) days of the date hereof, we shall institute legal proceedings at your risk as to costs and consequences ensuing therefrom without further reference…

…Take notice that unless we receive a satisfactory reply from your insured or yourselves within ten (10) days from the date hereof proceedings will be taken against you without further reference.…

…In his ruling dated 26th June, 1998 in which he refused to set aside his judgment dated 20th May, 1998 as is outlined in this judgment, Kuloba, J. made no reference to any of the “other enabling provisions of law” under which…

…Indeed, no reference was made to it in the ruling of the superior court out of which the order appealed from arises.…

…However, the dismissal was referred to the full court (Madan, Miller and Potter, JJA) which reference was also dismissed on December 3, 1981.…

…The strictures of this Court in its judgment on the reference from a single judge in the intended appeal by the applicant from a decision refusing to set aside the sale were therefore inappropriate.…

…For the purposes of this appeal it is not necessary for me to go into the full facts as deponed to by the contesting parties but reference to certain salient facts will be useful.…

…Notwithstanding this, our clients would be prepared to consider a reference to arbitration provided three preconditions are satisfied.…

…The facts were so dissimilar that there was no basis in law for its application here and equally for any reference to section 146 of the Public Health Act, cap 242.…

…There is then the reference by Mr Khaminwa to section 66 of the Law of Succession Act, cap 160 which provides: “When a deceased has died intestate, the court shall, save as otherwise expressly provided, have a final discretion…

…appeal by the defendant (appellant) from the decision of the superior court (late Bhandari, J) whereby he decreed specific performance to the second plaintiff (second respondent) to transfer to him the land known as Land Reference…

…regard to the surrounding facts leading to the formation of the agreement we are satisfied that the reality of the matter was that the second respondent so subscribing himself was acting as a principal, and this was so as no reference…

…Until the court on a reference finally decides on whether a valid notice of appeal is also struck out along with an incompetent appeal, I would not like to express my views. However, even if we suppose that Mr.…

…Until the court on a reference finally decides on whether a valid notice of appeal is also struck out along with an incompetent appeal, I would not like to express my views. However, even if we suppose that Mr.…

…I would add that the reference in Rule 74(6) to Form D in the first schedule to the Rules of this Court is to provide guidance as to the proper contents of the actual notice of appeal and has nothing to do with the endorsement…

…area does not constitute an "other disposal of or dealing" for the purposes of section 6(1)(a) of the Land Control Act and, therefore, does not require the consent of the local land control board; and the absence of any reference…

…to the trust in the instrument of acquisition of the land does not affect the enforceability of the trust as the provisions of section 126(1) of the Registered Land Act as to the reference to the capacity as trustee in the…