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: CivilCase number Civil Application
…He claimed he had done much research into the facts for the reference and into the law relating to such a reference, into the judicial exercise of the discretion vested in a single judge of appeal by the amended rule 4 of…
…‘Application’ and ‘appeal’ do not, however, include ‘ a reference’ according to their definitions in the Rules, but although the term ‘ reference’ is in the side note to rule 54(1), which provides ‘a reference’, yet that…
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: CivilCase number Civil Application
…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…
Division and case type: CivilCivil Appeal
…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 &…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Case
…Thus, coupled with the current file under reference (Eld. HCCNo. 10/1980), there are five voluminous files in all. They, immediately give thebest testimony of the long history of this matter.…
…Consequential upon the Resident Judge's letter to me, I, through myDeputy Registrar, issued Notices to the Advocates for the parties to appearbefore me and address me on the reference and, indeed, the history of thematter…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…Thus, coupled with the current file under reference (Eld. HCCNo. 10/1980), there are five voluminous files in all. They, immediately give thebest testimony of the long history of this matter.…
…Consequential upon the Resident Judge's letter to me, I, through myDeputy Registrar, issued Notices to the Advocates for the parties to appearbefore me and address me on the reference and, indeed, the history of thematter…
Division and case type: CivilCivil Appeal
…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.…
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
…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.…
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 Appeal
…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.…
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 Appeal
…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…
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.…