Search court decisions

…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.…

…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.…

…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…

…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…

…appeal by the defendant (appellant) from the decision of the superior court (late Bhandari, J) whereby he decreed specific performance to the second plaintiff (second respondent) to transfer to him the land known as Land Reference…

…regard to the surrounding facts leading to the formation of the agreement we are satisfied that the reality of the matter was that the second respondent so subscribing himself was acting as a principal, and this was so as no reference…

…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 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 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.…

…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 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.…

…Until the court on a reference finally decides on whether a valid notice of appeal is also struck out along with an incompetent appeal, I would not like to express my views. However, even if we suppose that Mr.…

…Until the court on a reference finally decides on whether a valid notice of appeal is also struck out along with an incompetent appeal, I would not like to express my views. However, even if we suppose that Mr.…

…area does not constitute an "other disposal of or dealing" for the purposes of section 6(1)(a) of the Land Control Act and, therefore, does not require the consent of the local land control board; and the absence of any reference…

…to the trust in the instrument of acquisition of the land does not affect the enforceability of the trust as the provisions of section 126(1) of the Registered Land Act as to the reference to the capacity as trustee in the…

…The application for the proposed amendment which has not been heard seeks to delete reference to section 143. But prayers 3, 4 and 5 are identical as in the original Originating Summons.…

…At the hearing of this appeal on 28th and 29th April, 1994, Mr Nowrojee who appeared with Mr Ritho for the appellants without reference to any of the appellants’ seventeen grounds of appeal submitted that the learned judge…

…Reference was also made to the Insurance Act especially section 2, which defines what constitutes insurance business.…

…Before concluding this matter, I cannot resist making reference to HCCC No.82 of 2006. That suit has been instituted by Matex Commercial Supplies Ltd and Mary S. Ndetto against the defendant. Mary S.…

…by order extend the time limited by these Rules, or by any decision of the court or of a superior court for the doing of any act authorized or required by these Rules whether before or after the doing of the act, and a reference…

…I am fortified in my view by reference to the decision in Taws Ltd v Othaya Farmers Co-op Society Ltd (1977) KLR 92 cited by the plaintiff’s advocate.…

…section 8 of the Immigration Act (Repealed) which provisions has been replaced by section 43 of the KCIA and by virtue of section 23 of the Interpretation and General Provisions Act (Chapter 2 of the Laws of Kenya), the reference…

…to the repealed Act is therefore reference to section 43 of the KCIA.…

…Reference was made to affidavits which had been sworn and filed in connection with the interlocutory application. The first, that of the plaintiff, was sworn on 14th September, 1987.…

…This was about ten years before the plaintiff wrote this letter, yet nowhere in the letter does the plaintiff make any reference to it.…