Case law
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Division and case type: CivilCivil Appeal
…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: 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: 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: 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: CivilCivil Appeal
…unpleaded cause of action at the hearing, but although his advocate protested he did in fact, to some extent, participate in the consideration of this new cause of action, both by leading evidence and addressing the Court with reference…
Division and case type: CivilCivil Appeal
…The appellants (hereinafter referred to as the plaintiffs)then filed an amended plaint in the superior court setting out(inter alia) particulars of malice with reference to alleged inducement of breach of contract by the…
Division and case type: CriminalCriminal Appeal
…Now it is argued before us that it is correct for the prosecutor in giving the facts of the alleged offence to include reference to other offences which are in some way connected with the alleged offence, which go to increase…
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: COMMERCIAL DIVISIONJudicial Review
…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: 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 Suit
…Towards the end of his judgement Kneller JA said: “It would not be right/ with particular reference to Leary’s case (supra) to appear to force the applicant on the organization until we have heard the appeal and or even perhaps…
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: 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: Constitutional and Human RightsPetition
…They qualify for inheritance under section 3(2) of the Succession Act, where child is defined as follows: “Reference in this Act to “child” or children shall indicate a child conceived but not yet born (as long as that child…
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: Environment and LandPetition
…Viewed thus, the petition fell short of the very substantive test to which the High Court made reference to.…
Division and case type: CivilCivil Case
…The letter of termination read, in pertinent part, as follows: “TERMINATION OF SERVICE Reference is made to the investigations which have recently been carried out by Bank inspectors into (i) Kshs. 10.5 million fraud at the…