Case law
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Division and case type: Constitutional and Human RightsElection Petition
…Section 44 (3) of the Constitution provides as follows: 44 (3) An application to the High Court for the determination of a question under subsection (1) (b) may be made- (a) where the Speaker has declared that the seat in…
Division and case type: CriminalCriminal Appeal
…It is conceded by Mr Akhaabi that the appellant himself made no application for adjournment because of his counsel’s absence though he could have done so if he was minded so to do.…
Division and case type: CivilCivil Case
…The plaintiff had the liberty of bringing an application in any of the pending suits for a remedy.…
Division and case type: Milimani Commercial CourtsCivil Case
…Therefore, even though there were steps which the Plaintiff could have taken to regularise the position at the time of transfer to avoid the necessity of the application of equitable principles, nevertheless I am of the view…
Division and case type: CivilCivil Appeal
…Sakina and her three children have led objections to Wamaitha’s application alleging that the deceased was in no mental condition to make condition to make a will. This cause is still pending. 10.…
…The law of Succession Act (Cap 160) provides a special procedure for application for grant of probate and for dealing with any challenges to such an application.…
Division and case type: CivilCivil Appeal
…Failure to confirm such willingness within this time limit will be regarded as refusal to accept such appointment and such refusal will result in the application of the above quoted section of the Pensions Act ie payment…
Division and case type: Anti-CorruptionCivil Appeal
…The application by way of chamber summons for an injunction to restrain the respondents from so acting for the Acceptances and other associated companies or persons came up before the superior court (Shields, J) who in his…
…usual short and crisp ruling dismissed the appellants’ application with costs.…
Division and case type: CivilCivil Case
…Clause 11 provided that the letter of offer to advance and representations contained in plaintiffs’ application from which they had lodged with Society would constitute the terms and conditions of the agreement to advance…
Division and case type: CivilCivil Appeal
…But the application of the money obtained by the overdraft can provide the real criterion; see for instance, Red’s Brewery Co v Male 3 T.C 279, 1890-1898, Part XLVII page 279, and Jennings v Barfield 40 T.C 365 at 373 per…
Division and case type: Milimani Commercial CourtsCivil Case
…Nzambi handed her Mombasa advocate, Mr Master, two cheques together worth Kshs 42,000 from Franco Vituli, a builder, made out to Kituu which became the subject of an application by the Assistant Public Trustee.…
Division and case type: Milimani Commercial CourtsCivil Case
…On 29/6/2004 the plaintiff filed an affidavit against the title in support of an application under Section 45 of the Registration of Titles Act for the withdrawal of an entry of a lease which has been terminated.…
Division and case type: CivilCivil Appeal
…The largest application should be given to that approach.…
Division and case type: CriminalCase number Criminal Revision
…He would seem to be liable to the daily fine provided by the Act, for unlike the Tenants, whatever happens in this application, he will remain with the property, and these proceedings do not affect the position as he is primarily…
Division and case type: Anti-CorruptionCivil Appeal
…The appellant claimed, by his plaint, that the second respondent (who was served but failed to enter appearance as a result of which judgment was entered against him as prayed on the application of the advocate for the plaintiff…
Division and case type: CriminalCriminal Appeal
…Every commentary which has ever been written on this much discussed section has emphasised the need for care and restraint in the application of the section.…
…We reiterate that those passages represent the correct principles in the application of the section. Mr.…