Case law
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Division and case type: CivilCase number Civil Application
…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…
Division and case type: Milimani Commercial CourtsCase number Civil Application
…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.…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…No reference as it laid in the overt acts that the Duty Officer was captured as such, it is laid in the first overt act that he was forced to surrender the keys to the safe where armoury keys were kept for safe custody and…
…1) (a)(iii) and (b) of the Penal Code as laid notwithstanding that we think and find that overt act 5(b) had not been sufficiently proved, but of course this makes no difference whatsoever to the conviction entered with reference…
Division and case type: CivilCivil Case
…This tactic together with the very brief reference to Nova Chemicals in the admitted letter of the 27th March and none at all in the letter of 22nd March 1986 (both letters already quoted in full) convince me that the four…
Division and case type: CivilCase number Civil Application
…Reference to the full bench explained. July 30,1987 PLATT JA…
Division and case type: CivilCivil Appeal
…Mr Akhaabi conceded that the defence witness (DW2) had said that there was some money collected and missing during that period that is during 1965 and 1966 but, with reference to the events at the meeting, the witness had…
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: CivilCivil Appeal
…This submission is based on the belief that document signed by the appellant at the request of Mr Woodgates and to which I have already made reference was a legal discharge.…
Division and case type: CriminalMiscellaneous Criminal Application
…However, on 30th January, 1992, the applicant, through his counsel, Mr G B M Kariuki, filed a constitutional reference to this Court by way of originating motion pursuant to section 60 and 84 of the Constitution of Kenya,…
…However, looking at the actions which had been taken in relation to the issues which are the subject of this reference, we find that in both of them the issues raised were not addressed.…
Division and case type: CivilCivil Appeal
…These are headed with references to the Council and the Ninth Schedule of the Trade and Market By-Laws of 1969.…
…They acknowledge receipt of Kshs 50 for some fee and go on to mention M'Mukanya and Nyamu as bearers of those documents who had been allocated a plot at this market and then follows a reference to the (Council?)…
Division and case type: CivilCivil Appeal
…No reference to section 38 of the Act was made in the said summons. However, the appellant’s claim to the suit land was clearly pursuant to the provisions of this section.…
…The appellant’s entire affidavit makes no reference to a certified extract of title to land parcel No E Wanga/Isongo/ 1512 out of which the suit land is claimed. None appears to have been annexed thereto.…
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: CivilCivil Appeal
…Section 30 of the Limitation of Actions Act is as follows:- “30(1) In sections 27, 28 and 29 of the Act, any reference for the material facts relating to a cause of action is a reference to one or more of the following:-…
Division and case type: CivilCivil Appeal
…Sub-section (1) (2) and (3) of section 30 of the Act provide; 30. (1) In sections 27, 28 and 29 of this Act, any reference to the material facts relating to a cause of action is a reference to one or more of the following…
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: 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: CriminalCriminal Appeal
…Finally the court said, (with reference to the older R V Bates & Pugh (1848) 3 Cox’s Criminal Cases 201), at page 809 of the report: The words “ready willing to pay” indicate the second qualification.…
Division and case type: CivilCivil Appeal
…Besides, in my judgment an agreement that is held to be void for all purposes could not be the basis for a reference to a panel of elders.…