Case law
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Division and case type: CivilCivil Suit
…In these circumstances I have no doubt that the reference by the learned judge to the necessity of corroboration of the evidence of the boys, and of each of them, was a misdirection.…
…Mr Osoro’s reference to instanced material which he said could have amounted to corroboration had the learned judge thought about it.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONPetition
…(c) The said parcel of land known as LR 209/11095/259 was initially earmarked as an open space (playground) in the original plan following the subdivision of Reference No. 209/11095 into various plots.…
Division and case type: Milimani Commercial CourtsElection Petition
…The application by the 4th respondent in reference to the question of service states: “THAT the petition having been served on the 4th respondent personally on the 5th of February, 1998 and by gazette Notice on the 6th of…
Division and case type: CivilCivil Appeal
…Reference was made to Volume 31 of Encyclopedia Forms and Precedents 5th Edition at pages 495 – 498 as follows “Source of the law.…
…They also considered the Statute of Frauds which expressly refers to signature by an agent and that a clause which contain no reference to an agent was to be held to require personal signature.…
Division and case type: CivilCivil Appeal
…Both parties were or are domiciled in Kenya and there had been no previous proceedings in any court with reference to the said marriage.…
…In all circumstances the question of cruelty or no cruelty should not be decided merely by reference to every decision reported in the law reports.…
Division and case type: CivilCivil Appeal
…Notwithstanding the fact that the insurance policy contained a clause stipulating that all disputes arising had to be referred to arbitration, and before any such reference was made, the plaintiff filed a suit against the…
Division and case type: CriminalCriminal Appeal
…The learned Magistrate then proceeded to explain why he thought the appellant’s identification by the complainant was reliable but without making any reference at all to the fact although he claimed to have known the appellant…
Division and case type: CivilCivil Appeal
…The court was grateful for the reference to Henry H Ilanga v M M Anyoka [1961] E A 705 at p 713 where the proper approach is set out, derived from several celebrated English cases.…
Division and case type: CivilCivil Appeal
…Signed C Y O Owayo Commissioner of Mines and Geology” The Commissioner’s letter reference No L/35/(69) addressed to the Deputy Chief Litigation Counsel in the Attorney-General’s Chambers and dated 3rd December, 1992 confirms…
…It is true that in his ruling the trial judge made no reference to the appellant’s statement of defence nor to its grounds of opposition to the respondent’s application.…
Division and case type: CivilCivil Suit
…This may tie in with the reference to Kshs 3,000 made by William Mwenyesi in his sketch plan [Exhibit 3] in the plot next to that of Stephen Mtsonga.…
…Then there is the evidence of William Mwenyesi, the recording officer, and his sketch plan which despite some obscurities in it and the reference to the land being leased by the plaintiff to the defendant supports the version…
Division and case type: CriminalCriminal Appeal
…Evidence Act says:- "An accomplice shall be a competent witness against an accused person and a conviction shall not be illegal merely because it proceeds upon the uncorroborated evidence of an accomplice", So Miss Njeru's reference…
Division and case type: CriminalCriminal Appeal
…Evidence Act says:- "An accomplice shall be a competent witness against an accused person and a conviction shall not be illegal merely because it proceeds upon the uncorroborated evidence of an accomplice", So Miss Njeru's reference…
Division and case type: CivilCivil Appeal
…Inamdar's digest with reference to pelvic injuries could have helped.…
Division and case type: CriminalCriminal Appeal
…The learned trial judge made no reference to its size in his judgment.…
Division and case type: Milimani Commercial CourtsCivil Appeal
…Further on the question of the credibility of the plaintiff’s evidence particularly in relation to events immediately preceding the accident, I cannot ignore Dr Abila’s reference and comments on plaintiff’s proneness to forgetfulness…
Division and case type: CriminalCriminal Appeal
…related to the destruction of the initial police statements of the witnesses after the new committal procedure came into force, strong criticism of the evidence of the appellant’s brother, Moses Mbelle, with particular reference…
Division and case type: CivilCivil Appeal
…In all cases within sub-s.(1) of this section, and also on all matters of public history, literature, science or art, the court may resort for its aid to appropriate books or documents of reference. (3).…
…This might be done by reference to a book or document of reference and would include a judicial decision but in view, especially, of the present apparent lack in Kenya of authoritative text books on the subject, or of any…
Division and case type: Constitutional and Human RightsElection Petition
…Mr P Nowrojee, assisted by Mr D Maanzo argued this application as per the eleven (11) grounds set out, supported by the 1st respondent’s affidavit and with reference to the authorities that both sides put forth.…
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: CriminalCriminal Appeal
…When the matter came before the High Court, the difference between receiving and retaining was put clearly by a reference to R vs Nicklin (1977) Cr App Rep 205.…