Case law
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Division and case type: Constitutional and Human RightsJudicial Review
…Thirdly, if the Court is in doubt, it will decide an application on the balance of convenience." 16.…
Division and case type: CivilCivil Appeal
…Trainor, J granted the application and imposed interim injunctions on the Defendants as from August 10, 1984 pending the inter partes hearing of the summons.…
…Gachuhi, J heard the Plaintiff’s application for injunction on July 30, 1984 and dismissed it. Whatever the reasons given, it was too late. The suit was never heard. But Mrs Russell fought on.…
Division and case type: CivilCivil Appeal
…Either all persons directly affected by the appeal must be served with notice of appeal, or the court asked upon application, which may be made ex parte, to direct that service need not be effected on any person who took…
Division and case type: CivilCivil Appeal
…Act (cap 160). section 2 of that Act provides in mandatory terms, that unless any other written law provides otherwise, the provisions of the Act “shall constitute the law in Kenya in respect of and shall have universal application…
…The Court gave vent to an important principle of law of universal application with respect to the right of a party to fulfil the role of an administrator of an intestate without obtaining letters of administration.…
Division and case type: CriminalCriminal Appeal
…The latter section concerns the Court of Appeal on second appeals while the former sections are of general application in this regard. As was pointed out therefore by this Court in Raphael Oyondi Omuside v. Rpublic, Cr.…
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: 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: 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
…The latter section concerns the Court of Appeal on second appeals while the former sections are of general application in this regard. As was pointed out therefore by this Court in Raphael Oyondi Omuside v. Rpublic, Cr.…
Division and case type: CivilCivil Appeal
…Leaving aside for the moment the requirements of the Registration of Documents Act cap 284, it would seem that the Registrar is obliged to enter a Power of Attorney in the register thereof if the donor or the donee make an application…
…That power was unlimited in its application in respect thereof.…
Division and case type: CivilCivil Appeal
…It is clear that before the application was brought there was no clear refusal.…
…It follows that the court had to investigate the area of conflict before it concluded that consent had been refused before the application was brought for the lessor to obtain possession of the premises.…
Division and case type: CriminalCriminal Appeal
…But the question cannot be determined by the application of any rigid rules. Each case must be considered according to its facts.…
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: CivilCivil Appeal
…The plaintiff in the subordinate court died while the appeal was pending and upon application by the administrator of her estate, I granted an order for substitution hence for ease of reference, I shall refer to the plaintiff…
Division and case type: CriminalCriminal Case
…The plaintiff in the subordinate court died while the appeal was pending and upon application by the administrator of her estate, I granted an order for substitution hence for ease of reference, I shall refer to the plaintiff…
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
…who have to pay insurance premiums, medical fees or taxes (the body politics); 3. comparable injuries should attract comparable awards; 4. inflation should be taken into account; and 5. unless the award is based on the application…
…award of Kshs 786,600 general damages reduced to Kshs 619,200, the award of special damages, interest and costs in the High Court is confirmed, 60% of his costs of this appeal are to be paid by Jabane to Olenja and the application…
Division and case type: CriminalCriminal Appeal
…Notwithstandig this indication the prosecution went ahead with its case and made no application for an adjournment to enable them to seek and obtain particulars of the alleged alibi from the defence and to conduct the necessary…
Division and case type: CivilCivil Appeal
…In the application of this principle the existence or otherwise of instruction to alight from the tractor is immaterial.…
Division and case type: CriminalCriminal Appeal
…That, unfortunately, is not an end of the matter because there remains the vexed question of the motor vehicle KWL 653, which was the subject of an application by the republic before the Chief Justice on February 17, 1986…