Case law
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Division and case type: CivilCivil Appeal
…It was understood by the trial court correctly that the amendments to the Land Control Act came into force on December 24, 1980 did not apply to this case, and having looked at its provisions, there is no was of construing…
…The amendment to the Act of December 1980 does not affect this transaction. The board could not extend the time of three months in the act.…
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
…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
…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
…As the amendment to the defence raising the Barraclough v Brown issue was raised by the Court at a very later stage, I award the defendants 1/3 of his costs.…
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: CriminalCriminal Case
…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
…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: CivilCivil Appeal
…For the respondent, on the other hand, it was argued that the plaintiff persisted to the end that the plaint was right and that there was no need for an amendment.…
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
…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…