Search court decisions

…This was an error of law on the face of the record and amounted to misconduct by the arbitrators.…

…With utmost respect, the subsequent direction was an error of law. The two did not have the authority of the chief justice in writing to direct as they purported to do.…

…He said the omission to consider the defence is an incurable error of law. Grounds 2 and 3 were argued together.…

…Miss Ngugi disagreed with Mr Odero’s submission that there are errors of law as regards sentence. She said failure to consider mitigation is here a curable irregularity under section 382 of the Criminal Procedure Code.…

…Others (suing in representative capacity for Kariobangi South Civil Servants Estate tenant purchasers) vs Savings & Loan Kenya Ltd (1988) eKLR relying on 13th Edition of Mulla on Indian Code of Civil Procedure that; “A mere error…

…of law is not a ground for review under this rule.…

…A review cannot be claimed or asked merely for a fresh hearing or arguments or correction of an erroneous view taken earlier, that to say, the power of review can be exercised only for correction of a patent error of law…

…So, to this court it does not appear right for the appellant to seek orders that the ruling of 17.7.95 be reviewed for an apparent error of law on the face of the record.…

…The Respondents contended that the Taxing Officer’s failure to consider the fees agreement between the parties and the payment made to the Applicant pursuant thereto was an error of law.…

…Indeed, that was an error of law on the face of the record in the application to set aside his judgment dated 20th May, 1998.…

…Any other provisions therein in this regard can only be the subject of strained interpretation with possible error of law.…

…Any other provisions therein in this regard can only be the subject of strained interpretation with possible error of law.…

…Also that it was an error of law for the judge to agree with the magistrate’s decision not to decree specific performance having found that there was part performance.…

…since the proprietor had died. 4) That the said Washington Omondi Genga is a total stranger to the estate of the deceased hence should not be granted any form of access to the deceased estate and the said transfer was an error…

…of law on the part of the respondent. 5) That the respondent later concealed his illegal actions by transferring the same to read the names of the deceased proprietor’s widow - Jane Oonje Okwogo but still allowed the said…

…For an error of law on the face of the record to form a ground for review, it must be of a kind that stares one in the face and on which there could be reasonably be no two options.…

…A review cannot be claimed or asked merely for a fresh hearing or arguments or correction of an erroneous view taken earlier, that is to say, the power of review can be exercised only for correction of a patent error of law…

…A review cannot be claimed or asked merely for a fresh hearing or arguments or correction of an erroneous view taken earlier, that is to say, the power of review can be exercised only for correction of a patent error of law…

…The Appellant condensed the grounds of Appeal and submitted on them in terms of 3 thematic areas to wit, (i) whether the 1st Respondent proved in his assertions in the counter-claim and if not, then the trial court was in error…

…of law and fact, (ii) secondly whether the evidence adduced by the Appellant at the trial court prove his case and (iii) thirdly, if the trial court disregard the law of evidence in allowing the 1st Respondent’s counter-claim…

…I therefore hold that the learned judge did not fall into any error of law when he took the appellant’s conduct into consideration in quantifying the damages and I am in disagreement with Mr Hayanga on that score.…

…occupation and possession of the Suit Property which finding is not supported in law given the First Respondent’s standing in the Suit, and the evidence, resulting in a misappreciation of the evidence and a fundamental error…

…of law. i.…

…In that kind of case, the criteria for a successful appeal are stricter: (i) error of law or principle; (2) taking account of irrelevant considerations; (3) failing to take account of a relevant consideration; or (4) the…

…injunction against the Respondent and the Respondent's Counterclaim for adverse to ALEGO/MASUMBI/543 thereby finding that he had no jurisdiction over the entire proceedings. 4) THAT the learned trial Magistrate acted in error…

…of law by disregarding and/or failing to pay fidelity to the doctrine of precedence, and more particularly by disregarding the decision by the East Africa Court of Appeal in Kibona vs.…