Search court decisions

…In certain exceptional cases, the presumption that there is no power or jurisdiction to commit an error of law may be rebutted, in which case the court will not quash for an error of law made within jurisdiction in the narrow…

…The previous law which drew a distinction between errors of law on the face of the record and other errors of law is now obsolete.…

…was in error of law and fact in finding that the Respondent/Plaintiff had made out her case as required. 3) THAT the learned magistrate was in error of law and fact in failing to find that the deceased was equally, or partly…

…or largely, if not wholly, culpable of the occurrence of the accident. 4) THAT the learned magistrate was in error of law and fact in disregarding the Appellant/defence testimony on the occurrence of the accident. 5) THAT…

…Consequently, there is no error of law exhibited by the Appellant.…

…Accordingly, this complaint does not reveal an error of law. 55.…

…In certain exceptional cases, the presumption that there is no power or jurisdiction to commit an error of law may be rebutted, in which case the court will not quash for an error of law made within jurisdiction in the narrow…

…The previous law which drew a distinction between errors of law on the face of the record and other errors of law is now obsolete.…

…Doinyo Lessos Creameries Ltd [2014] KEHC 5481 (KLR), it was held that the Judge will not interfere with the decision of a Taxing Officer, unless there is an error of law or principle or the taxed costs are manifestly high…

…In this particular case, there is a clear error of law and principle. 10) By the Taxing Officer failing to increase the Instruction Fees by half, as required by Part B of the Schedule of the Advocates Remuneration Order.…

…The interpretation of Section 41 of the Small Claims Court Act to allow review of errors of law is anathema to good conscience and established procedure under Section 38(1) where only points for law are appealable to the…

…Though I note section 41 grants jurisdiction to review an error of law on the face of the record, it cannot apply to conclusions and findings already made.…

…The interpretation of Section 41 of the Small Claims Court Act to allow review of errors of law is anathema to good conscience and established procedure under Section 38(1) where only points for law are appealable to the…

…Though I note section 41 grants jurisdiction to review an error of law on the face of the record, it cannot apply to conclusions and findings already made.…

…The learned Magistrate committed an error of law by not adequately establishing and verifying the ownership of the motor vehicle with the registration number KAE 267G. 2.…

…The learned Magistrate committed an error of law by failing to determine whether sufficient evidence was presented to substantiate the claim for material loss, as mandated by the laws of evidence. 3.…

…of law. 7.…

…This Court is alive to the principle that a finding of fact may in certain exceptional circumstances amount to an error of law — where the finding is perverse, unsupported by any evidence, or one that no reasonable tribunal…

…both of law and fact. 2) Ground 2.…

…THAT the Learned Magistrate fell into serious error of law and fact in failing to hold the Respondent bound by its pleadings and erred in disregarding the Respondent's own pleadings with regard to the established business…

…In the instant case, the Appellant did not displace the presumption and I therefore find no error of law in the trial court’s conclusion that the Appellant was 100% liable. 15.…

…This appeal largely invites a re-evaluation of factual findings, which is impermissible in an appeal from the Small Claims Court unless a clear error of law is demonstrated.…

…of law.…

…The previous law which drew a distinction between errors of law on the face of the record and other errors of law is now obsolete.…

…Nduda (2025) KEHC 12818 (KLR) for the argument that failure by a judicial officer to analyze and make a determination on a specific piece of probative evidence is an error of law.…

…He argued that the adjudicator did not consider his written submissions or authorities, amounting to an error of law. The Respondent’s Submissions 13.…

…It is confined to interrogating whether the decision below discloses an error of law.…

…Whether the Apportionment of Liability Discloses an Error of Law 21. The gravamen of the appeal is the finding of contributory negligence.…

…latter doctrine does not give immunity in transaction of a commercial nature” The second defendant has now filed an application asking the Court to review its dismissal order on the grounds inter alia that the order contains errors…

…of law apparent on the face of the record.…

…The learned Prosecution Counsel emphasizes that the High Court’s revisionary powers under Section 364 of the Criminal Procedure Code are intended to correct patent errors of law or material procedural irregularities and are…

…Section 362 allows the High Court to call for and examine proceedings where it considers that there may have been an error of law or procedural irregularity. 17.…

…It is its case that the decision was irrational, unfair, violated the Applicant’s right to legitimate expectation and was materially influenced by an error of law.…

…Particulars of Error of law, Irrationality, Unreasonableness and Unfairness; a) The Respondent at paragraph 99 of its decision found that the Applicant failed to plead loss or damage and therefore lacked the locus standi…

…of law on the face of the record; or (e) new facts previously not before the Court have been discovered by either of the parties. (2) The application referred to under subsection (1) shall be made within thirty days of the…

…The error of law that is to be reviewed must be apparent on the face of the record. There does not need to be arguments. This is an error that can be seen by all.…

…This was an error of law on the face of the record and amounted to misconduct by the arbitrators.…