Case law
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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: CivilCivil Appeal
…I should now make a further reference to Section 20 of the Act. I ask the question if the plainti’s action is within sub-section 2 of Section 20.…
…It is to be noted that no reference is made to those important telexes in the adavit to lead a warrant for the arrest of the ship sworn by Mr Johnson Robert Kariuki on behalf of Caltex on 5th December, 1988.…
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
…Viewed thus, the petition fell short of the very substantive test to which the High Court made reference to.…
Division and case type: Constitutional and Human RightsJudicial Review
…Viewed thus, the petition fell short of the very substantive test to which the High Court made reference to.…
Division and case type: CriminalCriminal Appeal
…Viewed thus, the petition fell short of the very substantive test to which the High Court made reference to.…
Division and case type: CivilCivil Appeal
…Viewed thus, the petition fell short of the very substantive test to which the High Court made reference to.…
Division and case type: CivilCivil Appeal
…Viewed thus, the petition fell short of the very substantive test to which the High Court made reference to.…
Division and case type: CriminalCriminal Appeal
…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: Constitutional and Human RightsElection Petition
…Counsel for the applicant had also made reference to a Concise Law Dictionary .. 5th Edition where service of process is explained in relation to order 10 rule 1 (of England) where the order requires personal service.…
Division and case type: CivilCivil Appeal
…The first of these aspects to be considered is the customs of the Port of Mombasa since any stipulation as to unloading is always construed as made with reference to the custom of the port of discharge.…
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…
Division and case type: CivilCivil Appeal
…It is true that the reasoning is sparse, and that the mere reference to notice relating to the sale of the suit premises is too short a statement in the circumstances of this case.…