Case law
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Division and case type: Milimani Commercial CourtsMiscellaneous Application
…For reasons that are not clear, but which have no relevance to this reference, the respondent fell out with its advocates.…
…And having received the Ruling of the Taxing Officer on the said four items, the applicant was so dissatisfied that it decided to file a reference. This decision is in relation to that reference.…
Division and case type: Milimani Commercial CourtsCivil Case
…Reference was made to the Charge Document which has been marked as exhibit AN1.…
…As at this date the Plaintiff had cleared both her check off and school fees loans referenced 211 253 and 211 288 respectively. The only loan she had outstanding was the car loan referenced 211 284. ii.…
Division and case type: Constitutional and Human RightsPetition
…But even assuming that this was a case where leave could be sought and obtained to lodge the appeal out of time, there is no such reference to the order for leave to appeal out of time. 12.…
…No objection was led and no Reference was led to this court. 18. What I have is an appeal against the taxation ruling.…
Division and case type: Milimani Commercial CourtsCriminal Case
…The applicant raised a reference under section67(1) of the Constitution of Kenya in the Constitutional Court of this country in Criminal Application No 180 of 1985 –Stanley Munga Githunguri v Republic.…
…Let it be clearly understood that although we three judges constitute this court, in no way are we sitting on appeal on the opinions sent out by the Constitutional Court on the applicant’s reference to them.…
Division and case type: Constitutional and Human RightsPetition
…In making reference to Constitutional Petition No. 50 of 2020, he indicated that it came up for hearing on 28th July, 2020 before Judge E.…
…He made reference to Judge E. Ogola’s ruling in the said petition on page 11 at paragraph 21, where he captured the issue raised in the present application. Mr. Masila indicated that the matter before Judge E.…
Division and case type: Milimani Commercial CourtsCivil Case
…Even then, the 3rd defendant did not attempt to satisfy the Auctioneers Rules with regard to the condition of the proclaimed goods for it was only with reference to the attached motor vehicle that he indicated the value.…
Division and case type: Milimani Commercial CourtsCivil Case
…The only reference to a contract is in the form of some letters addressed by the 1st Defendant to the 3rd Defendant.…
…It is only in the second letter of even date that there is a reference to the contract lasting until 2015 when new terms would be negotiated.…
Division and case type: Constitutional and Human RightsPetition
…In the ruling the judge found and held:- “After making reference to the Forensic Document Examiner’s Report and in particular the findings with regard to the exhibits marked A1 to A15, the report dated 17th May 2019 leaves…
Division and case type: Constitutional and Human RightsConstitutional Petition
…In the ruling the judge found and held:- “After making reference to the Forensic Document Examiner’s Report and in particular the findings with regard to the exhibits marked A1 to A15, the report dated 17th May 2019 leaves…
Division and case type: Milimani Commercial CourtsMiscellaneous Civil Application
…In the ruling the judge found and held:- “After making reference to the Forensic Document Examiner’s Report and in particular the findings with regard to the exhibits marked A1 to A15, the report dated 17th May 2019 leaves…
Division and case type: Constitutional and Human RightsElection Petition
…the orders sought in the application the grounds and facts on which the application is based on the one part as well as the grounds of opposition including the replying affidavits on the other, have omitted to make any reference…
…Salim Danji on 30.6.1998, no reference is made in paragraphs 1 and 2 of Mr. Kaptens affidavit.…
Division and case type: Constitutional and Human RightsPetition
…section 8 of the Immigration Act (Repealed) which provisions has been replaced by section 43 of the KCIA and by virtue of section 23 of the Interpretation and General Provisions Act (Chapter 2 of the Laws of Kenya), the reference…
…to the repealed Act is therefore reference to section 43 of the KCIA.…
Division and case type: Milimani Commercial CourtsCivil Case
…Reference was also made to the Insurance Act especially section 2, which defines what constitutes insurance business.…
Division and case type: Milimani Commercial CourtsCivil Case
…Before concluding this matter, I cannot resist making reference to HCCC No.82 of 2006. That suit has been instituted by Matex Commercial Supplies Ltd and Mary S. Ndetto against the defendant. Mary S.…
Division and case type: Milimani Commercial CourtsCase number Civil Application
…I am fortified in my view by reference to the decision in Taws Ltd v Othaya Farmers Co-op Society Ltd (1977) KLR 92 cited by the plaintiff’s advocate.…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…No reference as it laid in the overt acts that the Duty Officer was captured as such, it is laid in the first overt act that he was forced to surrender the keys to the safe where armoury keys were kept for safe custody and…
…1) (a)(iii) and (b) of the Penal Code as laid notwithstanding that we think and find that overt act 5(b) had not been sufficiently proved, but of course this makes no difference whatsoever to the conviction entered with reference…
Division and case type: Milimani Commercial CourtsElection Petition
…The application by the 4th respondent in reference to the question of service states: “THAT the petition having been served on the 4th respondent personally on the 5th of February, 1998 and by gazette Notice on the 6th of…
Division and case type: Milimani Commercial CourtsCivil Appeal
…Further on the question of the credibility of the plaintiff’s evidence particularly in relation to events immediately preceding the accident, I cannot ignore Dr Abila’s reference and comments on plaintiff’s proneness to forgetfulness…
Division and case type: Constitutional and Human RightsElection Petition
…Mr P Nowrojee, assisted by Mr D Maanzo argued this application as per the eleven (11) grounds set out, supported by the 1st respondent’s affidavit and with reference to the authorities that both sides put forth.…
Division and case type: Constitutional and Human RightsElection Petition
…Reference has been made to rule 10. This rule says the following” Rule 10.…
…Yet reference was made on the absence of personal service.…