Case law
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Division and case type: CivilCivil Appeal
…His reasons for doing this were, that the Standard Building contract form provides, for the time for completion to be extended for good cause so it would be unjust to compute that period with reference to the contractor’s…
…The English ones were numerous and so were references to text books on them by English qualified authors.…
Division and case type: CivilCase number Civil Application
…The application made under rule 4 of the Rules is to be viewed by reference to the underlying principles of justice. In applying the criteria of justice, several factors ought to be taken into account.…
Division and case type: CivilCivil Suit
…I prefer to cite the latest decision of this court and in which reference is made to an English decision which in turn refers to, or cites some of the cases cited before me.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONPetition
…(c) The said parcel of land known as LR 209/11095/259 was initially earmarked as an open space (playground) in the original plan following the subdivision of Reference No. 209/11095 into various plots.…
Division and case type: Milimani Commercial CourtsElection Petition
…The application by the 4th respondent in reference to the question of service states: “THAT the petition having been served on the 4th respondent personally on the 5th of February, 1998 and by gazette Notice on the 6th of…
Division and case type: CivilCivil Appeal
…Reference was made to Volume 31 of Encyclopedia Forms and Precedents 5th Edition at pages 495 – 498 as follows “Source of the law.…
…They also considered the Statute of Frauds which expressly refers to signature by an agent and that a clause which contain no reference to an agent was to be held to require personal signature.…
Division and case type: CivilCivil Appeal
…Both parties were or are domiciled in Kenya and there had been no previous proceedings in any court with reference to the said marriage.…
…In all circumstances the question of cruelty or no cruelty should not be decided merely by reference to every decision reported in the law reports.…
Division and case type: CivilCivil Appeal
…Signed C Y O Owayo Commissioner of Mines and Geology” The Commissioner’s letter reference No L/35/(69) addressed to the Deputy Chief Litigation Counsel in the Attorney-General’s Chambers and dated 3rd December, 1992 confirms…
…It is true that in his ruling the trial judge made no reference to the appellant’s statement of defence nor to its grounds of opposition to the respondent’s application.…
Division and case type: CriminalCriminal Appeal
…Be that as it may, a formal application for revision was duly filed by the Republic and the appellant in turn also filed a formal application seeking the setting aside of the ex-parte order to which we have made reference…
Division and case type: CivilCivil Appeal
…Notwithstanding the fact that the insurance policy contained a clause stipulating that all disputes arising had to be referred to arbitration, and before any such reference was made, the plaintiff filed a suit against the…
Division and case type: CivilCivil Appeal
…In all cases within sub-s.(1) of this section, and also on all matters of public history, literature, science or art, the court may resort for its aid to appropriate books or documents of reference. (3).…
…This might be done by reference to a book or document of reference and would include a judicial decision but in view, especially, of the present apparent lack in Kenya of authoritative text books on the subject, or of any…
Division and case type: Milimani Commercial CourtsCivil Appeal
…Further on the question of the credibility of the plaintiff’s evidence particularly in relation to events immediately preceding the accident, I cannot ignore Dr Abila’s reference and comments on plaintiff’s proneness to forgetfulness…
Division and case type: Constitutional and Human RightsElection Petition
…Reference has been made to rule 10. This rule says the following” Rule 10.…
…Yet reference was made on the absence of personal service.…
Division and case type: CriminalCase number Criminal Revision
…The only reference the Court makes is to the likelihood of recurrence which is irrelevant in such circumstances. In exercising our power of revision therefore, we set aside the closure order.…
…But as we read the order, the reference to the order of the City Magistrate is a mere shorthand for the list of duties set out under 1. in the order, and the tenants remain authorised by the Tribunal to get on with that work…
Division and case type: Constitutional and Human RightsElection Petition
…Mr P Nowrojee, assisted by Mr D Maanzo argued this application as per the eleven (11) grounds set out, supported by the 1st respondent’s affidavit and with reference to the authorities that both sides put forth.…
Division and case type: CivilCivil Appeal
…Reference was made to the notice of grounds for affirming the decision and it was thereafter submitted that the words ‘account closed’ imply the same thing to reasonable people as ‘refer to drawer’, being equally defamatory…
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 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 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…