Case law
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Division and case type: CivilCivil Appeal
…Acting pursuant to The Law Society of Kenya (.General) (Amendment) Regulations, 1995, which were published in the Kenya Gazette as Legal Notice No. 279 of 1995, the LSK advised the Bank in writing to stop all transactions…
…which was issued to Laura Ombogo and Miriam Ombogo, on 1st November, 1996, more than one year after the death of the deceased, it is shown at the bottom as having been amended on 1st November 1999, but the nature of the amendments…
Division and case type: CivilCivil Appeal
…According to rule 5(b) of the Civil Procedure (Amendment) Rules, 1984 (Legal Notice No.16 of 1984 made on 10th February 1984).…
…Thirdly, after February 10, 1984, according to rule 5 of the Civil Procedure (Amendment) Rules 1984, this suit could only be set down for hearing after the summons for directions had been dispensed with or in accordance with…
Division and case type: CivilCivil Appeal
…Section 6(2) of the Act which was introduced by The Statute Law (Repeal and Miscellaneous Amendments) Act, 1980, and which is as follows: "(2) For the avoidance of doubt it is declared that the declaration of a trust of agricultural…
…It is noteworthy that in the Memorandum and Objects of the Statute Law (Repeal and Miscellaneous Amendments) Bill, it is stated with respect to the amendment of the then existing section 6(2) of the Land Control Act that:…
Division and case type: CivilCivil Appeal
…That case was based on the construction of section 2 of the Chancery Procedure Amendment Act (Lord Cairn’s Act).…
Division and case type: Milimani Commercial CourtsCivil Case
…The crux of the plaintiff’s application is that the defendant is charging additional and illegal interest in contravention of Section 44 of the Banking Act as read with Section 39 of the Central Bank of Kenya (Amendment)…
Division and case type: CivilCivil Case
…The court after hearing the argument allowed the amendments. The plaintiff ‘s evidence is that she constructed her kiosk in 1981 while she was working with the City Council. She then retired to run it.…
…There being no room for this in the pleading and in the absence of the amendment, this court cannot find any ground for awarding aggravated damages in addition to damages for loss of business in addition to exemplary damages…
Division and case type: CivilCivil Appeal
…The amendment also affected prayer (c) in respect of interest under which the appellant now claimed interest on the decretal amount (principal and costs) from February 4, 1983 being the date of repudiation of liability up…
Division and case type: CivilCivil Appeal
…ex parte judgment in favour of the respondent and I would order that the case be remitted to the Senior Resident Magistrate at Murang’a to be dealt with in accordance of the provisions of the Magistrate’s Jurisdiction (Amendment…
…decision of the High Court should be reversed, the judgment of the Murang’a resident magistrate must be set aside and the suit sent back to him to deal with in accordance with section 9 of the Magistrates’ Jurisdiction (Amendment…
Division and case type: Constitutional and Human RightsPetition
…He therefore asserted that on 30th June, 2020 when the said witness testified and disclosed the place where the offence took place, the Director of Public Prosecutions (DPP) had a duty to make an amendment to the charge.…
…Masila submitted that under Section 214 of the (CPC), amendment of a charge can be made at any time before the closure of the prosecution case.…
Division and case type: CivilCivil Appeal
…Leave was granted on that basis, and the notice of motion filed subsequently on 27th July, 2004 could only have been argued on the basis of the prayers for which leave was granted, unless amendment was sought under Order…
…No amendment was sought or granted under that rule or at all. So that, what the appellant sought to do was merely to enforce the orders issued in Misc. 646/04 by filing a fresh application.…
Division and case type: Constitutional and Human RightsPetition
…and has proved that she was a wife of Meshack and therefore entitled to Letters of Administration and inheritance of Meshack’s estate together with her six sons in accordance with Statute Law (Repeal and Miscellaneous) Amendment…
…To my mind the amendment of law in 1981 envisaged situation where a man set off and decided to bring up another family but voluntarily. A decision taken by the two people to the exclusion of any other relationship.…
Division and case type: CivilMiscellaneous Application
…little time to persuade the advocates that under rule 5(2)(b) the court has its own jurisdiction to grant an injunction pending an appeal since February 8, 1984 when it was provided for by clause 3 of the Court of Appeal (Amendment…
…The conditions in the amendment rule for the exercise of it are that a notice of appeal has been lodged in accordance with rule 74 and that if it is granted it will be so on such terms as the court may think just.…
Division and case type: CivilCivil Suit
…little time to persuade the advocates that under rule 5(2)(b) the court has its own jurisdiction to grant an injunction pending an appeal since February 8, 1984 when it was provided for by clause 3 of the Court of Appeal (Amendment…
…The conditions in the amendment rule for the exercise of it are that a notice of appeal has been lodged in accordance with rule 74 and that if it is granted it will be so on such terms as the court may think just.…
Division and case type: CivilMiscellaneous Application
…Section 47 excepted here provides for procedure in Amendment of the Constitution. It, therefore, becomes a matter of construction how to adjudicate Fundamental Rights. The Indian Emeritus Professor Dr. Mr.…
Division and case type: Constitutional and Human RightsElection Petition
…Constitution which is supreme and sovereign it is no doubt true that the Constitution itself can be amended by the Parliament, but that is possible because art 368 of the Constitution itself makes provision in that behalf, and the amendment…
Division and case type: Constitutional and Human RightsElection Petition
…Constitution which is supreme and sovereign it is no doubt true that the Constitution itself can be amended by the Parliament, but that is possible because art 368 of the Constitution itself makes provision in that behalf, and the amendment…
Division and case type: CivilMiscellaneous Application
…This amendment has been criticised by the High Court in High Court Civil Application No 790 of 1993 in which Bosire, Mbogholi and Oguk JJ have held that the present amended rule 1 which says that an application for an order…
Division and case type: FamilySuccession Cause
…The application dated 29/12/1999 seeks mainly for the amendment of Forms P&A 5 filed herein to include parcel number Kabete/Lower Kambete/885 or the resultant Subdivided parcels and parcel, number T.177 lower Kabete.…
Division and case type: Constitutional and Human RightsPetition
…There was no amendment to these Regulations of 1998. On 1st July 2002 the Legal Notice 66 was revoked under Legal Notice 118 of 2002. Legal Notice 66/02 which the Applicant intends to rely upon is non existent.…
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…