Case law
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Division and case type: CivilCivil Appeal
…Leaving aside for the moment the requirements of the Registration of Documents Act cap 284, it would seem that the Registrar is obliged to enter a Power of Attorney in the register thereof if the donor or the donee make an application…
…That power was unlimited in its application in respect thereof.…
Division and case type: CivilCivil Case
…The plaintiff had the liberty of bringing an application in any of the pending suits for a remedy.…
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
…who have to pay insurance premiums, medical fees or taxes (the body politics); 3. comparable injuries should attract comparable awards; 4. inflation should be taken into account; and 5. unless the award is based on the application…
…award of Kshs 786,600 general damages reduced to Kshs 619,200, the award of special damages, interest and costs in the High Court is confirmed, 60% of his costs of this appeal are to be paid by Jabane to Olenja and the application…
Division and case type: CivilCivil Appeal
…In the application of this principle the existence or otherwise of instruction to alight from the tractor is immaterial.…
Division and case type: CivilCivil Appeal
…Sakina and her three children have led objections to Wamaitha’s application alleging that the deceased was in no mental condition to make condition to make a will. This cause is still pending. 10.…
…The law of Succession Act (Cap 160) provides a special procedure for application for grant of probate and for dealing with any challenges to such an application.…
Division and case type: CivilCivil Appeal
…AFC maintained that the plaintiff, that is, the appellant, was its “loanee”, that the appellant was in default and that the AFC was fully justified in seizing the pick-up, and (in the Notice of Objection to the injunction application…
Division and case type: CivilCivil Appeal
…Failure to confirm such willingness within this time limit will be regarded as refusal to accept such appointment and such refusal will result in the application of the above quoted section of the Pensions Act ie payment…
Division and case type: CivilCivil Appeal
…By whichever name it is called, it denotes the application of water to that which had by then become ( or which one hopes had by then become) the carcase of the animal taken to the factory for the purpose of being slaughtered…
…However, even on the foreman’s evidence, it transpired that there was a second, to use a neutral expression, application of water, in which the plaintiff was engaged, for he said, “Plaintiff was under my charge.…
Division and case type: CivilCivil Appeal
…As was held in Barkway v South Wales Transport Co Ltd [1950] 1 All ER 392 at 393 B: “The application of the doctrine of res ipsa loquitur, which was no more than a rule of evidence affecting onus of proof of which the essence…
Division and case type: CivilCivil Case
…Nothing but administrative business was transferred by statute to the council in this case, and the application for licenses which have to be determined judicially.…
Division and case type: CivilCivil Case
…Clause 11 provided that the letter of offer to advance and representations contained in plaintiffs’ application from which they had lodged with Society would constitute the terms and conditions of the agreement to advance…
Division and case type: CivilCivil Case
…In the circumstances I nd that application of a multiplicand to calculate loss of dependency would not be appropriate. 52.…
Division and case type: CivilCivil Appeal
…Ainea has led a viewing of land application in the Lurambi African Court vide the African Court of Appeal 336/57 and this is correct if he feels that your father is interfering with his portion.…
Division and case type: CivilCivil Suit
…used to cover both assault and battery, they are two distinct torts, the one being an overt act indicating an immediate intention to commit a battery (Clark & Lindsel 14th Edition para 679), and a battery being the direct application…
Division and case type: CivilCivil Appeal
…But the application of the money obtained by the overdraft can provide the real criterion; see for instance, Red’s Brewery Co v Male 3 T.C 279, 1890-1898, Part XLVII page 279, and Jennings v Barfield 40 T.C 365 at 373 per…
Division and case type: CivilCivil Appeal
…Rather the appellant complains that the learned judge erred in his application of the law to the findings of fact and thereby erred in not finding that the consignee was liable to pay demurrage for one day.…
Division and case type: CivilCivil Suit
…He is ordered to join with the plaintiff in having the transfer registered and if he fails or refuses to do so the deputy registrar of the court on application is authorized to sign and seal the necessary documents for doing…
Division and case type: CivilCivil Appeal
…The largest application should be given to that approach.…