Case law
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Division and case type: CivilCivil Appeal
…Perhaps the real object of the reference to Acres in the first instance was to settle minor disputes in the nature on pi-pricks on the sites.…
…The only reference to arbitration was continued in its letter of March 26, 1982 as follows: “Clause 4.57 of the contract lays down the procedure for resolving any disputes.…
Division and case type: CivilCivil Case
…Thus, coupled with the current file under reference (Eld. HCCNo. 10/1980), there are five voluminous files in all. They, immediately give thebest testimony of the long history of this matter.…
…Consequential upon the Resident Judge's letter to me, I, through myDeputy Registrar, issued Notices to the Advocates for the parties to appearbefore me and address me on the reference and, indeed, the history of thematter…
Division and case type: CivilCivil Appeal
…Notwithstanding the provisions of art 101, to which references was made in the argument, Mr Bhangra retired from the company on August 10, 1976.…
…and this passage again followed by a reference to the law of partnership and to the Partnership Act.…
Division and case type: Milimani Commercial CourtsCriminal Case
…The applicant raised a reference under section67(1) of the Constitution of Kenya in the Constitutional Court of this country in Criminal Application No 180 of 1985 –Stanley Munga Githunguri v Republic.…
…Let it be clearly understood that although we three judges constitute this court, in no way are we sitting on appeal on the opinions sent out by the Constitutional Court on the applicant’s reference to them.…
Division and case type: Anti-CorruptionMiscellaneous Criminal Application
…The applicant raised a reference under section67(1) of the Constitution of Kenya in the Constitutional Court of this country in Criminal Application No 180 of 1985 –Stanley Munga Githunguri v Republic.…
…Let it be clearly understood that although we three judges constitute this court, in no way are we sitting on appeal on the opinions sent out by the Constitutional Court on the applicant’s reference to them.…
Division and case type: CriminalCriminal Case
…Therefore the misapplication thereof of that discretion can be challenged by a Constitutional reference and this means in the High Court. (5) The High Court and not the Subordinate Court has an oversight jurisdiction over…
…This necessarily means that a misapplication of that discretion can be challenged by constitution reference; and this means, in the High Court.…
Division and case type: CivilCivil Appeal
…After the single judge has made his decision, a reference to the full bench may be made by either side under rule 54 of the rules.…
…It is the purpose of the reference to reconsider afresh the various aspects of the application.…
Division and case type: CivilCivil Appli
…variance with the actual pronouncement in the judgement or rulings, and that the- "Commission is bound to suffer enormous loss because unlimited audience given to LSK will cause the Commission to contradict its own terms of reference…
…The order to beappealed against allowed LSK to participate as a person in thesubject Commission under the terms of reference and ofprocedure the Commission has laid out for itself and inconformity with the Statute i.e.…
Division and case type: CivilCivil Appeal
…Unless it is a typographical error, this is another confusing feature perpetrated by the Appellants because reference of the ruling appealed against is in SPMCC.78/95.…
…(Further reference to this extract follows below) This group was met at the SUPKEM offices at Nairobi on 30lh November 1997.…
Division and case type: CivilCivil Suit
…However, the dismissal was referred to the full court (Madan, Miller and Potter, JJA) which reference was also dismissed on December 3, 1981.…
…The strictures of this Court in its judgment on the reference from a single judge in the intended appeal by the applicant from a decision refusing to set aside the sale were therefore inappropriate.…
Division and case type: Environment and LandCivil Appeal
…But even assuming that this was a case where leave could be sought and obtained to lodge the appeal out of time, there is no such reference to the order for leave to appeal out of time. 12.…
…No objection was led and no Reference was led to this court. 18. What I have is an appeal against the taxation ruling.…
Division and case type: Employment and Labour RelationsCase number Cause
…Court for consideration and determination on 4th November, 2003 in exercise of the powers vested in him by Section 8 of the Trade Disputes Act, Cap. 234, Laws of Kenya (which is hereinafter referred to as the Act); and his reference…
Division and case type: CivilCivil Appeal
…Thus, coupled with the current file under reference (Eld. HCCNo. 10/1980), there are five voluminous files in all. They, immediately give thebest testimony of the long history of this matter.…
…Consequential upon the Resident Judge's letter to me, I, through myDeputy Registrar, issued Notices to the Advocates for the parties to appearbefore me and address me on the reference and, indeed, the history of thematter…
Division and case type: CivilCivil Appeal
…therefore that unless we receive your admission of liability within fourteen (14) days of the date hereof, we shall institute legal proceedings at your risk as to costs and consequences ensuing therefrom without further reference…
…Take notice that unless we receive a satisfactory reply from your insured or yourselves within ten (10) days from the date hereof proceedings will be taken against you without further reference.…
Division and case type: CivilCivil Case
…The facts leading to this reference are not in dispute.…
…As the applicants have been entirely successful in this reference, I would award the costs thereof to them with interest from the usual dates at the usual rates. Orders accordingly.…
Division and case type: CriminalCriminal Case
…Rule 33 provides for correction of errors by stating that the court shall cause any clerical mistake, incidental error or omission to be rectified without reference to the parties and shall notify the parties of the mistake…
Division and case type: CriminalCriminal Appeal
…Even then, the 3rd defendant did not attempt to satisfy the Auctioneers Rules with regard to the condition of the proclaimed goods for it was only with reference to the attached motor vehicle that he indicated the value.…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CivilCivil Appeal
…In his ruling dated 26th June, 1998 in which he refused to set aside his judgment dated 20th May, 1998 as is outlined in this judgment, Kuloba, J. made no reference to any of the “other enabling provisions of law” under which…
…Indeed, no reference was made to it in the ruling of the superior court out of which the order appealed from arises.…
Division and case type: CivilMiscellaneous Application
…However, the dismissal was referred to the full court (Madan, Miller and Potter, JJA) which reference was also dismissed on December 3, 1981.…
…The strictures of this Court in its judgment on the reference from a single judge in the intended appeal by the applicant from a decision refusing to set aside the sale were therefore inappropriate.…