Case law
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Division and case type: CivilCivil Appeal
…objection, that the magistrate erred in trying the case when another suit had been filed in another court relating to the same land, that the magistrate had no powers to her the case by virtue of The Magistrates’ Jurisdiction (Amendment…
Division and case type: CivilCivil Appeal
…The learned Judge recorded that by consent the application for amendment of the notice of appeal filed on 12th November, 1997, be granted as prayed with costs of the application being costs in the appeal.…
Division and case type: CivilCivil Appeal
…The Limitation Act 1963 is an Amendment Act of Laws of England and Wales Limitation Act 1939.…
Division and case type: CivilCivil Appeal
…It has been stated on many occasions that a litigant ought to be given a chance to defend or prosecute his suit if he has an arguable defence or claim which can be sustainable even after amendment of the pleadings.…
Division and case type: CivilCivil Appeal
…advertised on the same day as service was effected on the company, that is to say August 31, 1983, whereas, as Mr Englehart pointed out at the beginning of his submissions, the requirement by the then recently introduced amendment…
…It was, I think, common ground that at the time the petition was advertised, it did not comply with rule 23 as it was after the 1983 amendment, which requires advertisement not less than seven days after its service on the…
Division and case type: CriminalCriminal Appeal
…Perhaps amendment to provide for one concept of handling would be useful. Dated and delivered at Mombasa this 21st day of July, 1987.…
Division and case type: CivilCivil Appeal
…This section is reproduced (with minor amendment) in the present section 459 of the Companies Act 1985.”…
…We were urged in argument that section 210 of the English Companies Act 1948 and amendments thereto have the same objective as has section 211 of the Kenya Companies Act 1948 which are to safeguard and protect the rights…
Division and case type: Anti-CorruptionCivil Appeal
…Regarding the borrowing powers of the Company we shall expect you to advise them to make the necessary amendments to the Memorandum of Articles of Association to enable the Company to borrow as necessary.…
…The debenture, the loan agreement, the legal charge, the guarantee and the amendment of the appellant companies Memorandum and Articles of Association, in themselves may not be condential because some of them had to be exchanged…
Division and case type: CivilCivil Appeal
…The Banking (Amendment) Bill, 1985 Kenya Gazette Supplement No. 38 whose object was to provide for greater efficacy in the management of the banking industry and that the judgment of this court would be of interest to the…
Division and case type: CivilCivil Appeal
…Indeed the learned judge recognized this principle in the instant case for he stated it in so many words when ruling on the amendment sought by Mr Pandya.…
Division and case type: CivilCivil Appeal
…S 1 of the Act; that the words “singed by him” were explicit and that there was no ground for altering the words of the statute or giving to the statute a judicial interpretation which would in eect be an amendment or alteration…
…, sub-section 1, of the Act; that the words “signed by him” were explicit; and that there was no ground for altering the words of the statute or giving to the statute a judicial interpretation which would in eect be an amendment…