Case law
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Division and case type: CriminalCriminal Appeal
…It provides that Section 2 of the Sexual Offences Act define “indecent act” as any unlawful intentional act which causes- (a) any contact between the genital organs of a person, his or her breasts and buttocks with that of…
Division and case type: CivilCivil Appeal
…(iii) The Applicant has paid all lawful levies, taxes and charges in respect of the sugar consignment and the Respondent’s refusal to release the consignment to the applicant is therefore unlawful, capricious, oppressive,…
…Fred Ngatia, which advise I verily believe to be true and correct, that the Respondent’s said detention of the Applicant’s sugar cargo is in contempt of court and unlawful for the following reasons: - i.…
Division and case type: CivilCivil Appeal
…Nduhiu asked the High Court for orders that Mwotia should vacate Ruguru Kiamariga 328 in Ruguru location, Nyeri, pay him general damages for fifteen years unlawful occupation of it and the costs of the suit.…
Division and case type: CriminalCriminal Case
…Commonintention is when two or more persons form a common intention toprosecute an unlawful purpose in conjunction with one another andin the prosecution of such purpose an offence is committed of suchnature that its commission…
Division and case type: CriminalCriminal Case
…Commonintention is when two or more persons form a common intention toprosecute an unlawful purpose in conjunction with one another andin the prosecution of such purpose an offence is committed of suchnature that its commission…
Division and case type: CivilMiscellaneous Application
…debentures; e) they had waived those rights; f) they were in breach of their contracts and acting mala fides in making their demands; g) their demands were null and void for uncertainty so their appointment of the receivers was unlawful…
Division and case type: CivilCivil Suit
…debentures; e) they had waived those rights; f) they were in breach of their contracts and acting mala fides in making their demands; g) their demands were null and void for uncertainty so their appointment of the receivers was unlawful…
Division and case type: Milimani Commercial CourtsCivil Case
…prohibitory injunction restraining the Defendant from interfering with the Plaintiff’s ownership and quiet possession of the suit property known as Nairobi/Block III/601 – Komarock, a declaration that the charge document is unlawful…
Division and case type: CivilCivil Appeal
…In any case, failure to hold an annual meeting as prescribed by the Act, is a breach of the law and advantage cannot be taken of such an unlawful act.…
…Whether the annual meeting next due after his election is held or not will not affect the position otherwise, an incumbent mayor through the postponement of annual meetings, may take unlawful advantage of the breach of the…
Division and case type: CriminalCriminal Appeal
…It is unlawful to do otherwise, of course, and unwise, too, because failure to comply with the judges’ Rules provides criminals with defences. Boyd Makintosh (ibid).…
Division and case type: CriminalCriminal Appeal
…volition he went along with the rest of the group knowing (if the statement is to be believed) that firearms would be necessary to accomplish the purpose envisaged, which, even if not murder at its inception, was clearly an unlawful…
…However, that was a decision on common intent and it was held that the fact that the appellants were acting under orders which were obviously unlawful could not have the effect of relieving them from criminal responsibility…
Division and case type: CivilCivil Appeal
…I might mention at this stage that it frequently happens that an advocate, or a solicitor in England, receives instructions from and acts for both parties to a lase transaction, and there is nothing unlawful in it so long…