Case law
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Division and case type: CivilCase number Civil Application
…Reference to a “month” in a statute is to be understood as a calendar month. The Interpretation and General Provisions Act Cap. 2, says so. 6. See also Dodds v Walker [1981] 1 WLR 1029. 7.…
Division and case type: CivilCivil Appeal
…The term is described therein in the following terms: property": thus we speak of real and personal estate, or partnership estate, trust estate, etc, especially with reference to questions of administration, as in the case…
Division and case type: CivilCivil Appeal
…The policy, as is normal in such policies, also provided in clause 9 thereof, which is commonly referred to in the trade as an “all differences” clause, for the reference of all differences arising out of the policy to, in…
Division and case type: CivilCivil Appeal
…In Major Joseph Mweteri Igweta v Mukira M’Ethare Civil Application No NAI 8 of 2000 (unreported) I stated as follows:- “The application made under rule 4 of the Rules is to be viewed by reference to the underlying principle…
Division and case type: CivilCivil Appeal
…Reference was made to the three dates ie September 25, 26, and 27, 1976 whose evidence the judge bore in mind and which was not challenged by the plaintiff in his evidence.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…jurisdiction as given by Section 84(1) of the former Constitution. [11] In support of his submissions, the appellant relied on several authorities including the case of Protus Buliba Shikuku v The Attorney General, Constitutional Reference…
Division and case type: CivilMiscellaneous Application
…In Major Joseph Mweteri Igweta v Mukira M’Ethare Civil Application No NAI 8 of 2000 (unreported) I stated as follows:- “The application made under rule 4 of the Rules is to be viewed by reference to the underlying principle…
Division and case type: CivilCivil Appeal
…What is the position, then, if there is an overseas principal, an agent resident in Kenya, and the former executes a power of attorney in the English language, but under English law with no specic reference to Kenya or to…
…For its full eect, the agreement was made with reference to the Act. The parties thereto knew that it was subject to the relevant provisions of the Act. They were enjoined in ensuring compliance thereof.…
Division and case type: CivilCivil Appeal
…I should now make a further reference to Section 20 of the Act. I ask the question if the plainti’s action is within sub-section 2 of Section 20.…
…It is to be noted that no reference is made to those important telexes in the adavit to lead a warrant for the arrest of the ship sworn by Mr Johnson Robert Kariuki on behalf of Caltex on 5th December, 1988.…
Division and case type: CriminalCriminal Appeal
…The basis for its admission, so far as we can discover, is the reference by the third appellant in his disputed inquiry statement, Exhibit 49, that he used a spade, which he had brought with him from home for the purpose…
Division and case type: CivilCivil Appeal
…With reference to para 10 of the defence, it is a complete fabrication on the part of the defendant when he says that he resold and delivered to us one of the two compressors that we had sold to him.…
Division and case type: CivilCivil Appeal
…There is a reference to another High Court Suit 772 of 1981 begun by way of originating summons which is between the same parties in which there is a claim for the same land by the appellant asking for registration as its…
Division and case type: CivilCivil Appeal
…The first of these aspects to be considered is the customs of the Port of Mombasa since any stipulation as to unloading is always construed as made with reference to the custom of the port of discharge.…
Division and case type: Anti-CorruptionCivil Appeal
…Acceptances conrmed their instructions to the respondents as follows:- “Messrs Kaplan & Straton Queensway House Kaunda Street Nairobi (Your Ref: JMK(23577) Dear Sirs Manchester Outtters Suiting Division We write with reference…
Division and case type: CivilCivil Appeal
…It is true that the reasoning is sparse, and that the mere reference to notice relating to the sale of the suit premises is too short a statement in the circumstances of this case.…
Division and case type: CivilCivil Appeal
…Lord Denning, M R’s reference to the The Fehmarn showed that he was not proposing any novel test. E.…
Division and case type: CriminalCriminal Appeal
…Kapila took us through the statement of May 16, 1982, with particular reference to the passage we quoted earlier in this judgment, in an attempt to show that the second appellant was not confessing to the offence of murder…
…Okethi Okale v Republic [1965] EA 555, which was cited also in relation to other grounds of appeal, expresses the court’s view in similar terms (at page 559 with a reference to the fact that the deceased was not at the time…
Division and case type: CivilCivil Appeal
…There was no reference by her or to her in any correspondence as “Mr.s Gichukia.” On the other hand, when she worked at the Treasury from 1969 to 1975 she did not claim house allowance which she could have done.…
Division and case type: CivilCivil Appeal
…The affidavit in support of the chamber summons seeking leave and the affidavit verifying the statutory statement in the notice of motion plainly made reference to the entry No. 5091 which was the consignment of sugar in…