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…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.…

…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.…

…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…

…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.…

…The reference to a painful experience should, Mr Kitaitu argued, have alerted the magistrate to the coercion being brought to bear on the appellant, and appreciating what had happened, the magistrate should have changed the…

…References to the appellant’s career prospects, and the effect upon the appellant’s family if the appellant is imprisoned show that the appellant’s purpose was not to detract in any way from his plea of guilty but to persuade…

…In making reference to Constitutional Petition No. 50 of 2020, he indicated that it came up for hearing on 28th July, 2020 before Judge E.…

…He made reference to Judge E. Ogola’s ruling in the said petition on page 11 at paragraph 21, where he captured the issue raised in the present application. Mr. Masila indicated that the matter before Judge E.…

…As the trial proceeded, there were references to the assessors as being recalled though there was no record of the time and at what stage of the proceeding they were requested to leave the court.…

…No reference is made of it in the judgment. The trial judge ought to have considered it. Failure to consider the defence is contrary to natural justice and unsettles the judgment Okethi Okale v Republic [1965] EA 555.…

…We think the reference to a quarrel as an afterthought put forward for the reason we have stated, otherwise it would have formed a part of the appellant's statement which he made to the police on the day of the killing.…

…The record of the Tribunal seems to suggest that the delay in finalizing the hearing of the Reference before the Tribunal cannot be attributed to any one in particular.…

…The learned National Chairman of the Tribunal has said that the reference came for hearing before two past chairmen of the Tribunal namely M E Mut and then Mr S Pao and also before Mr Imanyara and finally before Mr George…

…For the purposes of this appeal it is not necessary for me to go into the full facts as deponed to by the contesting parties but reference to certain salient facts will be useful.…

…Notwithstanding this, our clients would be prepared to consider a reference to arbitration provided three preconditions are satisfied.…

…The reference of the dispute to arbitration having not been by order of Court. The agreement to submit to arbitration was enteredinto while the three suits were pending.…

…Agreements to refer disputes to arbitrationentered into after a suit or suits have been filed are governed either by 0.45, Civil Procedure Rules, if references are made by order of court or under 0.24 rule 6 Civil Procedure…

…The elders who dealt with the defendant’s grievance did not do so pursuant to a reference made to them. Their decision was and is of no legal effect.…

…The facts were so dissimilar that there was no basis in law for its application here and equally for any reference to section 146 of the Public Health Act, cap 242.…

…There is then the reference by Mr Khaminwa to section 66 of the Law of Succession Act, cap 160 which provides: “When a deceased has died intestate, the court shall, save as otherwise expressly provided, have a final discretion…

…If it was not for that Judgment, the Plaintiff would have agitated its claim as mortgagee with reference to that Judgment.…

…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.…

…In the same paragraph a reference is made to Section 231 of the English Companies Act which is in the same terms as our Section 228. I therefore hold that Section 228 is not applicable to the present application.…

…The only reference to a contract is in the form of some letters addressed by the 1st Defendant to the 3rd Defendant.…

…It is only in the second letter of even date that there is a reference to the contract lasting until 2015 when new terms would be negotiated.…

…The defendant reacted to that letter vide their letter dated 13.5.97 bearing the same reference number. The contents are that they had received the report and evaluated it.…

…The plaintiffs responded vide their letter dated 19.5.97 bearing the same reference number and this bore the total amount in the fee note as Kshs 55,543.00 made up as hereunder: 1.…

…In the ruling the judge found and held:- “After making reference to the Forensic Document Examiner’s Report and in particular the findings with regard to the exhibits marked A1 to A15, the report dated 17th May 2019 leaves…