Case law
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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: 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…
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: Commercial and TaxInsolvency Cause
…With reference to a statement of affairs, Mr Ole Keiwua submitted that dispensation of that statement before the first meeting of creditors meant that it could not be produced later.…
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…