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…The former Court of Appeal for East Africa in Osongo and another v Republic , (1972) E A 170, 171 E and F, which was a reference to the full court, said that, it could not agree that if those words had not been used in the…

…In making reference to Constitutional Petition No. 50 of 2020, he indicated that it came up for hearing on 28th July, 2020 before Judge E.…

…He made reference to Judge E. Ogola’s ruling in the said petition on page 11 at paragraph 21, where he captured the issue raised in the present application. Mr. Masila indicated that the matter before Judge E.…

…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…

…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.…

…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…

…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…

…jurisdiction as given by Section 84(1) of the former Constitution. [11] In support of his submissions, the appellant relied on several authorities including the case of Protus Buliba Shikuku v The Attorney General, Constitutional Reference…