Case law
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Division and case type: CivilCivil Suit
…The main application may be relisted for hearing at an early date as there is a Certicate of Urgency. DATED THIS 19TH DAY OF APRIL, 1999. P. N. WAKI JUDGE…
Division and case type: CivilCivil Case
…An application was made for an adjournment so that the defence could call him. The application was disallowed; so to that the failure to call him cannot be attributed to any deliberate withholding of a witness.…
Division and case type: CivilCivil Case
…Application granted. Order: Further to the court’s order of 5.7.93, the owner of land 986 Eliud N. Gituto or his agent/servant be herein present in order to ascertain the boundary. Eliud N.…
Division and case type: CivilCivil Case
…The Plaintiff’s Advocate opposed the application for adjournment and the Court agreed with her that because the Defendant’s Advocate had had ample opportunity to withdraw, he had not done so and was not entitled to an adjournment…
Division and case type: CivilCivil Suit
…I allowed that application but that addition still does not, in my view, change the situation. Coast Hauliers have at no time made claim on the defendant. They neither make any such claim in the plaint.…
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 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…
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
…AFC maintained that the plaintiff, that is, the appellant, was its “loanee”, that the appellant was in default and that the AFC was fully justified in seizing the pick-up, and (in the Notice of Objection to the injunction application…
Division and case type: CivilCivil Appeal
…As was held in Barkway v South Wales Transport Co Ltd [1950] 1 All ER 392 at 393 B: “The application of the doctrine of res ipsa loquitur, which was no more than a rule of evidence affecting onus of proof of which the essence…
Division and case type: CriminalCriminal Appeal
…In R v Pitchley (1973) 57, Criminal Application No 30, “P was held to have assisted in the retention of stolen money, where some forty-eight hours after innocently accepting it from his son for safe keeping and banking it…
Division and case type: CivilCivil Suit
…He is ordered to join with the plaintiff in having the transfer registered and if he fails or refuses to do so the deputy registrar of the court on application is authorized to sign and seal the necessary documents for doing…