Case law
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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 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: 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: CivilCivil Appeal
…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…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCase number Civil Application
…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…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…The application for the proposed amendment which has not been heard seeks to delete reference to section 143. But prayers 3, 4 and 5 are identical as in the original Originating Summons.…
…At the hearing of this appeal on 28th and 29th April, 1994, Mr Nowrojee who appeared with Mr Ritho for the appellants without reference to any of the appellants’ seventeen grounds of appeal submitted that the learned judge…
Division and case type: CivilCivil Appeal
…Reference was made to section 27(1) of the same Act and its terms are:- “27(1) Section 4(2) does not afford a defence to an action founded on tort where:- (a) the action is for damages for negligence, nuisance or breach of…
…Since, however, this aspect of the case was conceded by Mr Aboo the reference to these decisions did not take us very much further.…
Division and case type: CivilCase number Civil Application
…by order extend the time limited by these Rules, or by any decision of the court or of a superior court for the doing of any act authorized or required by these Rules whether before or after the doing of the act, and a reference…
Division and case type: CivilCivil Appeal
…Mr Akhaabi conceded that the defence witness (DW2) had said that there was some money collected and missing during that period that is during 1965 and 1966 but, with reference to the events at the meeting, the witness had…
Division and case type: CivilCivil Appeal
…His reasons for doing this were, that the Standard Building contract form provides, for the time for completion to be extended for good cause so it would be unjust to compute that period with reference to the contractor’s…
…The English ones were numerous and so were references to text books on them by English qualified authors.…
Division and case type: CivilCivil Appeal
…This submission is based on the belief that document signed by the appellant at the request of Mr Woodgates and to which I have already made reference was a legal discharge.…
Division and case type: CivilCivil Appeal
…Section 30 of the Limitation of Actions Act is as follows:- “30(1) In sections 27, 28 and 29 of the Act, any reference for the material facts relating to a cause of action is a reference to one or more of the following:-…
Division and case type: CivilCase number Civil Application
…The application made under rule 4 of the Rules is to be viewed by reference to the underlying principles of justice. In applying the criteria of justice, several factors ought to be taken into account.…
Division and case type: CriminalCriminal Appeal
…Be that as it may, a formal application for revision was duly filed by the Republic and the appellant in turn also filed a formal application seeking the setting aside of the ex-parte order to which we have made reference…
Division and case type: CriminalCriminal Appeal
…Finally the court said, (with reference to the older R V Bates & Pugh (1848) 3 Cox’s Criminal Cases 201), at page 809 of the report: The words “ready willing to pay” indicate the second qualification.…
Division and case type: CivilCivil Appeal
…Besides, in my judgment an agreement that is held to be void for all purposes could not be the basis for a reference to a panel of elders.…
Division and case type: CivilCivil Suit
…In these circumstances I have no doubt that the reference by the learned judge to the necessity of corroboration of the evidence of the boys, and of each of them, was a misdirection.…
…Mr Osoro’s reference to instanced material which he said could have amounted to corroboration had the learned judge thought about it.…