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…What are the fundamental legal principles to be considered for granting a stay of execution pending the filing of the Reference? 23.…

…The Petitioners/Applicants seek for stay of the Certificate of Costs pending the filing of a Reference over the decision of the Taxing Master.…

…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…

…That the deadline for filing the reference lapsed on 10th June 2025 and not 6th June 2025. The application was thus filed 3 days late.…

…Reference was made to several decisions including:- “KANU National Elections Board & 2 Others - Versus - Salah Yakub Farah [2018] eKLR”. …

…The Applicant nevertheless filed the Reference without requesting reasons.…

…It cannot now, at the appellate stage of a reference, purport to introduce an entirely new claim.…

…Without much ado, the Reference ought to be upheld in its entirety as prayed in the aforementioned Chamber Summons Application. Nevertheless, the Reference is addressed as hereunder. 11.   …

…In conclusion on issue arising in the reference, the Learned Counsel submitted in light of the foregoing, the issues under Reference highlighted above ought to be decided as hereunder: a.   …

…That the Applicant being aggrieved by the ruling filed the reference by way of the subject chamber summons within the time granted by the Taxing Master and therefore the grounds of opposition was misplaced hence the reference…

…To begin with, the question is whether the failure to file a reference and opting to instead file the instant Chamber Summons application is fatal or curable.…

…Even before their formal registration, members of the 4 th Petitioner had, since time immemorial, used a portion of the strip (later registered as Land Reference 51691/VI/MN, Title No. CR 70862) as a landing site.…

…A declaration that all that parcel of Land comprising Land Reference NO.51691/VI/MN and registered as title CR 70862 situated at Portreitz creek Mombasa is riparian Land forming part of the beach property within the high…

…registered over Land Reference Numbers KWALE/TIWI BEACH/933.…

…There was no Land Referenced numbers KWALE/TIWI BEACH/933, as far as this case was concerned. It was only Land Reference numbers KWALE/TIWI BEACH/393, as the annexed title will attest.…

…registered over Land Reference Numbers KWALE/TIWI BEACH/933.…

…There was no Land Referenced numbers KWALE/TIWI BEACH/933, as far as this case was concerned. It was only Land Reference numbers KWALE/TIWI BEACH/393, as the annexed title will attest.…

…On being referred to the Title Deed and the Green Card for Land reference Numbers MN/I/10121.…

…RW - 3 unearthed that allotment letter for Land Reference Number MN/1/9622.bears a Part Development Plan Reference number 76474/VIII/50A which was the basis upon which the mother block MN/1/9622 was created, it was from MN…

…On the Letter of Allotment, the reference number was 127258/6 the reference number on the receipt of 22nd February, 1995 was 127258. 85.…

…With reference to the letter dated 6th November, 2012 the witness told the court that Reference No. 127258/22 was addressed to the Senior Registrar of Titles, Mombasa. It had the same reference numbers.…

…The said report forms part of this Judgement for ease of reference hereof. II. Description of the parties 6.…

…The Commissioner of Lands purported to sub - divide and allocate and issued grants on the said parcel of Land Reference No. PLOT NO MW/III/1450 (original) into 5 plots namely Land Reference Nos.…

…The original title deed for suit Land Reference No. Mombasa/Block/XXXVII/18 0.0858 acres dated 15th December, 2021; Serial No. 36403.98.…

…PW - 1 stated with reference to the lease that it provided for the Landlord and the surveyors had the right to enter the leased premises for purposes of inspection.…

…The powers specifically conferred can be exercised on a reference, which is defined in section 2 as "a reference to a tribunal under section 6 of this Act”... ...The powers of the tribunal are contained in section 12(1) of…

…The Learned Counsel asserted that the Respondent filed a Notice of Motion Application dated 17th December, 2024 and a Reference of even date. …

…Thereafter it prepared and shared a report which forms part of this Judgement for ease of reference thereof.…

…On further reference to Def.…

…In accordance with Section 6 of the Public Authorities Limitation Act cited herein above, reference to Section 4(2) of the Limitation of Actions Act meant reference to Section 3(1) of the Public Authorities Limitation Act…

…The survey process precipitates the issuance of land reference numbers and finally the issuance of a certificate of lease.…

…They were the Advocates/Applicants on the Advocate/Client Bill of Costs dated 1st December, 2024 whose taxation resulted in the filing of a Reference by their Chamber Summons application dated 16th August, 2024, determined…

…The taxation of costs would not prejudice the Client/Applicant Respondent as it would have adequate recourse to this Honourable Court by way of a Reference against whichever decision the Taxing Master made. n).…

…With reference to the indemnity, the witness told the court that it showed at Paragraph 2 that the company was allocated the land on 18th July, 1991.…

…With reference to the Defendant Exhibit No. 3, she confirmed that this was the land. They had been in occupation of the land for a very long time.…

…For ease of reference, a copy of the said report is attached and forms part of this Judgement hereof. II. The description of the Parties 5.…

…With reference to the witness statement (2nd page last paragraph). There seems to be two (2) statements by Mr. Mohamed Ali Juma. 38.…

…His lawyer obtained the Letter of Consent for transfer (referenced in exhibit pages 15-16).…

…He secured all necessary construction approvals (referenced in exhibit page 41). 79.   …