Case law
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Division and case type: CivilCivil Case
…The second rule is that if the court has doubts about compliance with the first rule, then it must decide on the balance of convenience.…
Division and case type: CivilCivil Appeal
…Mr Alibhai submitted that there was complete compliance with the section. We consider that the two grounds of appeal reproduced above adequately embrace the issue of law raised on section 74 by Mr Kariuki.…
Division and case type: CivilCivil Case
…In the Supporting affidavit the Plaintiff depones that the defendant in compliance with the Court of Appeal Order opened the account with the sum of kshs.1,658,949/65 leaving a deficit of kshs.584,640/27.…
…According to this affidavit, consequent upon and in compliance with the said agreement the first defendant’s advocates gave to the deponent’s firm a professional undertaking for the sum payment of Kshs 1,373,832.40 together…
Division and case type: CivilCivil Case
…In the Supporting affidavit the Plaintiff depones that the defendant in compliance with the Court of Appeal Order opened the account with the sum of kshs.1,658,949/65 leaving a deficit of kshs.584,640/27.…
…According to this affidavit, consequent upon and in compliance with the said agreement the first defendant’s advocates gave to the deponent’s firm a professional undertaking for the sum payment of Kshs 1,373,832.40 together…
Division and case type: Constitutional and Human RightsPetition
…It was held further that the petition would be restored for hearing subject to due compliance with Rules.…
Division and case type: CivilMiscellaneous Application
…On receipt of this application, the respondent, in compliance with the proviso to section 16(1) (d) of the Act wrote to the applicant; to the Central Organization of Trade Unions (Kenya) (COTU); to the Federation of Kenya…
…On receipt of this application, the respondent, in compliance with the proviso to section 16(1)(d) of the Act wrote a letter to the applicant on 17th May, 1985 and copied it to the Permanent Secretary, Ministry of Labour.…
Division and case type: CriminalCriminal Appeal
…His drug compliance is extremely poor and the wife observed that he was getting convulsions (fits) twice a week.…
Division and case type: CivilMiscellaneous Application
…length of any delay, the explanation for the delay, the prejudice of the delay to the other party, the merits of the appeal (without holding a mini-appeal) the effect of the delay on public administration, the importance of compliance…
…to ignore time limits since an importance feature in deciding what justice requires was to bear in mind that time limits were there to be observed and justice might be seriously defeated if there was laxity in respect of compliance…
Division and case type: CivilCivil Appeal
…In a partial compliance with the first part of the order the applicants had been paid salaries for 3 months of April, May and June, 1993.…
…Apart from this non-compliance with an elementary but mandatory procedural rule which in contempt proceedings has prescribed “personal service”, Mr Lakha pointed out other flaws to which we will now turn our attention.…
Division and case type: CivilCivil Appeal
…length of any delay, the explanation for the delay, the prejudice of the delay to the other party, the merits of the appeal (without holding a mini-appeal) the effect of the delay on public administration, the importance of compliance…
…to ignore time limits since an importance feature in deciding what justice requires was to bear in mind that time limits were there to be observed and justice might be seriously defeated if there was laxity in respect of compliance…
Division and case type: CivilCivil Case
…In compliance with that order the Commissioner of Prisons appeared represented by the Attorney-General who was assisted by Mr. Chunga, Assistant Deputy Public Prosecutor. Mr. Kiraitu Murungi and Mr.…
…It is contended on behalf of the four detained persons: (a) that these statements are not sufficient to comply with the provisions of section 83(2)(a), and (b) that compliance is mandatory and insufficiency of details invalidates…
Division and case type: Constitutional and Human RightsElection Petition
…The learned counsel further submitted that, in compliance with section 57 of the Constitution, Parliament enacted the National Assembly (Powers and Privileges) Act, cap 6 Laws of Kenya wherein the jurisdiction of this court…
Division and case type: Constitutional and Human RightsElection Petition
…The learned counsel further submitted that, in compliance with section 57 of the Constitution, Parliament enacted the National Assembly (Powers and Privileges) Act, cap 6 Laws of Kenya wherein the jurisdiction of this court…
Division and case type: CriminalCriminal Appeal
…This is a condition precedent to the proper reception of unsworn evidence from a child, and it should appear upon the face of the record that there has been a due compliance with the section.”…
Division and case type: CivilCivil Appeal
…On the question of malice Mrs Madahana, state counsel, on behalf of the respondent very properly raised the issue of non-compliance with order 6 rule 6 A (3) of the Civil Procedure Rules which has prescribed that where a…
Division and case type: CivilCivil Case
…The plaintiffs have disputed the fact and stated that in fact no legal transfer of shares has taken place and the purported attempt to transfer them to Xzit Limited has no legal effect for either non-compliance with the articles…
Division and case type: CivilCivil Appeal
…Section 10 (2) (a) of the Act does not indicate what kind of notice is required in compliance thereof.…
Division and case type: Commercial and TaxInsolvency Cause
…He has disputed the amount before us and he relies on a statement of affairs which we hold to be inadmissible in evidence for non-compliance with rule 149(2).…
…In these circumstances, we think it is plain that there was compliance with section 14 of the Act.…
Division and case type: CivilCivil Appeal
…The compliance with the rules of natural justice is emphasised in Halsbury’s Laws of England, Third Edition Volume II para 122 at page 65 that: “An order of prohibition may be granted to restrain, and an order of certiorari…
Division and case type: Milimani Commercial CourtsElection Petition
…That was not in compliance with what the court had ordered on 9/11/2011 and Mr. Havi’s then position that his client was ready to file a recusal application.…