Case law
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Division and case type: CivilCivil Appeal
…The respondents were dissatisfied with the sum of Shs.15,635/= awarded to them as costs by the Deputy Registrar and they made a reference to the single Judge pursuant to Rule 109 (2) of the Court's Rules.…
…The reference to the single Judge was made under Rule 109 (2) of the Rules.…
Division and case type: CivilMiscellaneous Application
…NO. 2 OF 1998) ***************** RULING OF THE COURT This is a reference to full court from the decision of Omolo JA sitting as a single judge of this Court by which he rejected the applicant's application for extension of…
…In the circumstances we find no merit in this reference and it is accordingly dismissed with costs to the respondent. Dated and delivered at Mombasa this 27th day of January, 1999. R. O. KWACH ..............…
Division and case type: CivilCivil Appeal
…After the single judge has made his decision, a reference to the full bench may be made by either side under rule 54 of the rules.…
…It is the purpose of the reference to reconsider afresh the various aspects of the application.…
Division and case type: CivilCivil Suit
…However, the dismissal was referred to the full court (Madan, Miller and Potter, JJA) which reference was also dismissed on December 3, 1981.…
…The strictures of this Court in its judgment on the reference from a single judge in the intended appeal by the applicant from a decision refusing to set aside the sale were therefore inappropriate.…
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: 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: 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
…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
…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
…Reference was made to the three dates ie September 25, 26, and 27, 1976 whose evidence the judge bore in mind and which was not challenged by the plaintiff in his evidence.…
Division and case type: CivilCivil Appeal
…What is the position, then, if there is an overseas principal, an agent resident in Kenya, and the former executes a power of attorney in the English language, but under English law with no specic reference to Kenya or to…
…For its full eect, the agreement was made with reference to the Act. The parties thereto knew that it was subject to the relevant provisions of the Act. They were enjoined in ensuring compliance thereof.…
Division and case type: CivilCivil Appeal
…I should now make a further reference to Section 20 of the Act. I ask the question if the plainti’s action is within sub-section 2 of Section 20.…
…It is to be noted that no reference is made to those important telexes in the adavit to lead a warrant for the arrest of the ship sworn by Mr Johnson Robert Kariuki on behalf of Caltex on 5th December, 1988.…