Case law
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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.…
Division and case type: CivilCivil Appeal
…Reference was made to Volume 31 of Encyclopedia Forms and Precedents 5th Edition at pages 495 – 498 as follows “Source of the law.…
…They also considered the Statute of Frauds which expressly refers to signature by an agent and that a clause which contain no reference to an agent was to be held to require personal signature.…
Division and case type: CivilCivil Appeal
…Notwithstanding the fact that the insurance policy contained a clause stipulating that all disputes arising had to be referred to arbitration, and before any such reference was made, the plaintiff filed a suit against the…
Division and case type: CriminalCriminal Appeal
…The learned Magistrate then proceeded to explain why he thought the appellant’s identification by the complainant was reliable but without making any reference at all to the fact although he claimed to have known the appellant…
Division and case type: CivilCivil Appeal
…The court was grateful for the reference to Henry H Ilanga v M M Anyoka [1961] E A 705 at p 713 where the proper approach is set out, derived from several celebrated English cases.…
Division and case type: CivilCivil Appeal
…Signed C Y O Owayo Commissioner of Mines and Geology” The Commissioner’s letter reference No L/35/(69) addressed to the Deputy Chief Litigation Counsel in the Attorney-General’s Chambers and dated 3rd December, 1992 confirms…
…It is true that in his ruling the trial judge made no reference to the appellant’s statement of defence nor to its grounds of opposition to the respondent’s application.…
Division and case type: CivilCivil Appeal
…Inamdar's digest with reference to pelvic injuries could have helped.…
Division and case type: CriminalCriminal Appeal
…The learned trial judge made no reference to its size in his judgment.…
Division and case type: CriminalCriminal Appeal
…related to the destruction of the initial police statements of the witnesses after the new committal procedure came into force, strong criticism of the evidence of the appellant’s brother, Moses Mbelle, with particular reference…
Division and case type: CivilCivil Appeal
…In all cases within sub-s.(1) of this section, and also on all matters of public history, literature, science or art, the court may resort for its aid to appropriate books or documents of reference. (3).…
…This might be done by reference to a book or document of reference and would include a judicial decision but in view, especially, of the present apparent lack in Kenya of authoritative text books on the subject, or of any…
Division and case type: CivilCivil Appeal
…Reference to a “month” in a statute is to be understood as a calendar month. The Interpretation and General Provisions Act Cap. 2, says so. 6. See also Dodds v Walker [1981] 1 WLR 1029. 7.…
Division and case type: CriminalCriminal Appeal
…When the matter came before the High Court, the difference between receiving and retaining was put clearly by a reference to R vs Nicklin (1977) Cr App Rep 205.…
Division and case type: CivilCivil Appeal
…The term is described therein in the following terms: property": thus we speak of real and personal estate, or partnership estate, trust estate, etc, especially with reference to questions of administration, as in the case…
Division and case type: CivilCivil Appeal
…The term is described therein in the following terms: property": thus we speak of real and personal estate, or partnership estate, trust estate, etc, especially with reference to questions of administration, as in the case…
Division and case type: CivilCivil Appeal
…unpleaded cause of action at the hearing, but although his advocate protested he did in fact, to some extent, participate in the consideration of this new cause of action, both by leading evidence and addressing the Court with reference…
Division and case type: CivilCivil Appeal
…The appellants (hereinafter referred to as the plaintiffs)then filed an amended plaint in the superior court setting out(inter alia) particulars of malice with reference to alleged inducement of breach of contract by the…
Division and case type: CivilCivil Appeal
…Reference was made to the notice of grounds for affirming the decision and it was thereafter submitted that the words ‘account closed’ imply the same thing to reasonable people as ‘refer to drawer’, being equally defamatory…
Division and case type: CivilCase number Civil Application
…Reference to a “month” in a statute is to be understood as a calendar month. The Interpretation and General Provisions Act Cap. 2, says so. 6. See also Dodds v Walker [1981] 1 WLR 1029. 7.…
Division and case type: CivilCivil Appeal
…The term is described therein in the following terms: property": thus we speak of real and personal estate, or partnership estate, trust estate, etc, especially with reference to questions of administration, as in the case…
Division and case type: CivilCivil Appeal
…The policy, as is normal in such policies, also provided in clause 9 thereof, which is commonly referred to in the trade as an “all differences” clause, for the reference of all differences arising out of the policy to, in…