Case law
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Division and case type: CivilCivil Appeal
…As the order of Muli J.A was not capable of compliance and as there was a genuine error on part of Mrs. Rawal, and as (I do believe) a counsel could well so genuinely err, I consider that the error was excusable.…
Division and case type: CivilCivil Case
…The plaintiffs have disputed the fact and stated that in fact no legal transfer of shares has taken place and the purported attempt to transfer them to Xzit Limited has no legal effect for either non-compliance with the articles…
Division and case type: CivilCivil Appeal
…Auctioneers fees to be assessed by the Court. 4) Costs of this application to be borne by the applicant (meaning defendants) – emphasis is mine. 5) These orders to be served upon Truckers Auctioneers for compliance.…
…Civil Appeal No 45 of 1980), the court stated that: “Thus in compliance with order IX B rule 1(1) where a defendant has appeared, he must be given reasonable notice of a formal proof in order that he may have an opportunity…
Division and case type: CivilMiscellaneous Application
…On receipt of this application, the respondent, in compliance with the proviso to section 16(1) (d) of the Act wrote to the applicant; to the Central Organization of Trade Unions (Kenya) (COTU); to the Federation of Kenya…
…On receipt of this application, the respondent, in compliance with the proviso to section 16(1)(d) of the Act wrote a letter to the applicant on 17th May, 1985 and copied it to the Permanent Secretary, Ministry of Labour.…
Division and case type: CivilCivil Appeal
…length of any delay, the explanation for the delay, the prejudice of the delay to the other party, the merits of the appeal (without holding a mini-appeal) the effect of the delay on public administration, the importance of compliance…
…to ignore time limits since an importance feature in deciding what justice requires was to bear in mind that time limits were there to be observed and justice might be seriously defeated if there was laxity in respect of compliance…
Division and case type: CivilCivil Case
…In compliance with that order the Commissioner of Prisons appeared represented by the Attorney-General who was assisted by Mr. Chunga, Assistant Deputy Public Prosecutor. Mr. Kiraitu Murungi and Mr.…
…It is contended on behalf of the four detained persons: (a) that these statements are not sufficient to comply with the provisions of section 83(2)(a), and (b) that compliance is mandatory and insufficiency of details invalidates…
Division and case type: CivilCivil Appeal
…On the question of malice Mrs Madahana, state counsel, on behalf of the respondent very properly raised the issue of non-compliance with order 6 rule 6 A (3) of the Civil Procedure Rules which has prescribed that where a…
Division and case type: CivilCivil Appeal
…Section 10 (2) (a) of the Act does not indicate what kind of notice is required in compliance thereof.…
Division and case type: CivilCivil Appeal
…The advocates followed up with another letter dated 31st January 2011 demanding that closure of the account and demanding compliance with the letter of 19th November 2010.…
Division and case type: CivilCivil Appeal
…The compliance with the rules of natural justice is emphasised in Halsbury’s Laws of England, Third Edition Volume II para 122 at page 65 that: “An order of prohibition may be granted to restrain, and an order of certiorari…
Division and case type: CivilMiscellaneous Application
…Compliance by the Respondent of the Provisions of the Act is therefore, uncertain.…
Division and case type: CivilCivil Appeal
…Mr Juma conceded this and in any case the appellant did not allege that the cause of non-compliance with this Act was due to any disability within the meaning of section 5 thereof.…
Division and case type: CivilCivil Appeal
…Principally, these grounds concern themselves with the legal eect of the power of attorney in view of its non-registration either under the Registration of Documents Act, cap 285 of the Laws of Kenya or in compliance with…
…They were enjoined in ensuring compliance thereof. As concerns the verication of the power of attorney, they both overlooked it or did not appreciate its importance to the agreement.…
Division and case type: COMMERCIAL DIVISIONJudicial Review
…Concerning the grounds alleging that the charge sheet was defective and that there was no complainant or compliance with the section 214 of the Criminal Procedure Code, following a timely intervention by the Court to have…
Division and case type: CivilCivil Appeal
…THAT in partial compliance with such order, the Respondent released to the Applicant all the Applicant’s sugar cargo that it had withheld and detained at customs freight stations namely Mitechl Cotts (K) Limited, Frieght…
…It was the duty of KRA to monitor compliance and to collect revenue due to the exchequer under sections 27, 124 and 127 of the Act. · There was a lawful and proper exercise of discretion by KRA in allowing advance entry of…
Division and case type: CivilCivil Appeal
…judge’s decision, together with one matter contained in the notice of grounds for affirming the decision, filed under rule 91(1) of the Court of Appeal Rules, namely that the petition should have been dismissed for lack of compliance…
…The respondent filed a notice of grounds for affirming the decision under rule 91 of the Rules of this court and contended that the trial judge ought to have dismissed the petition for want of compliance by the appellant…
Division and case type: CivilCivil Appeal
…Are the defendants properly sued and can the Court grant the reliefs sought” On the basis of a circular dated 6th July 1993 issued by the Permanent Secretary, Ministry of Local Government, in purported compliance with which…
…In compliance with this request, the Mayor convened a special meeting of the Council which was held on 20th April, 1994.…
Division and case type: CivilCivil Case
…Difficulties or impossibility of enforcing the injunction may weigh heavily against it, and it will be refused where compliance with it will require the supervision of the Court, or where it involves perpetual or indefinite…
…this remedy in the light of the principles of injunction law to which I have made reference, namely, impossibility of performance and the Courts attitude that they will not be called upon to supervise and superindent the compliance…
Division and case type: CivilCivil Appeal
…The Election Court held: “The provision contained in rule 4(3) that a petitioner personally sign the petition was mandatory and not merely discretionary and the petitioner’s non-compliance with it was fatal.” 13.…
…signed by him within the meaning of Sec 65 (2) (1) of the Act of 1932.; and Dennnig L J (expressing no view) said: “The name of the rm being the plainti’s professional name, his signature in the name of the rm was a compliance…
Division and case type: CivilCivil Appeal
…It was understood that in compliance with the government policy the distribution of Rai Ply products should be done by a wholly Kenyan owned company.…