Search court decisions

…What the defendant may have wanted was to set aside the judgment of Scriven, J declaring an overriding interest. But having failed to achieve that before Scriven, J then he would have to fail before Porter, J.…

…It was not that Scriven, J had doubt, so much as that he left it to the registrar how the latter should register the overriding interest.…

…Section 30 of the Registered Land Act provide for over riding interest not to be noted in the register. Section 28 preserves the rights of a proprietor not liable to be defeated except as provided in the Act.…

…It is a proviso that is commonly applied where brothers or relatives are entitled to or have an interest in land but only one of them particularly the senior member of the family is Simon Odinga v Charles Sande the registered…

…For the foregoing purpose interest of justice, it is desirable that the case be re-retried before some judge. It follows that the convictions are queried and the sentences set aside.…

…Civil suits and proceedings relating to the title to or the possession of, land, or to the title to a lease or charge, registered under this Act, or to any interest in such land, lease or charge, being an interest which is…

…The appellants claimed that under Luhya customary law and before the land adjudication, they were, and still are beneciaries and /or have benecial interest in the said piece of land Bunyala/Namirama/196. 4.…

…s were infants or not yet of age to claim or own land, the second defendant permitted the rst defendant to take possession and user of nearly all the land now in question and continues to use it to the exclusion of the interest…

…They include interest, commission, fees, charges and costs.…

…The principal moneys and interest secured became immediately payable and fall due to be discharged without demand under its clause 11 if, among other things, the company commits a breach of the covenants in the debenture.…

…They include interest, commission, fees, charges and costs.…

…The principal moneys and interest secured became immediately payable and fall due to be discharged without demand under its clause 11 if, among other things, the company commits a breach of the covenants in the debenture.…

…There will therefore be judgment for the plaintiff against the defendants as follows – (i) Towing charges kshs. 58,000/- (ii) Excess premium kshs. 27,750/- (iii) Loss of User kshs. 980,000/- Kshs. 1,065,750/- (iv) Costs and interest…

…However, although under section 3(3) of the Contract Act, cap 23, a contract for the disposition of an interest in land must be evidenced by writing (as under its similar counterpart in the United Kingdom, section 40(1) of…

…superior court against the respondent seeking specic performance of the agreement, an order for the transfer of the plot, and damages for beach of contract in lieu of or in addition to specic performance together with interest…

…He then proceeded: “I note that the plaintiff is unrepresented and that he may have an interest in the piece of land which would appear not to have been sub-divided.…

…adverse possession of the suit land for a period in excess of 12 years and was therefore entitled to the same, the trial judge’s observation as is set out 35 above was that the appellant who was unrepresented may have had an interest…

…The legislation in Kenya and England have the same purpose, and it is therefore of interest to observe how the courts have dealt with the problem, as well as the opinions of the commentators in Halsbury’s Laws of England.…

…It is of interest to note that the appellant's advocate Mr Ondaba in summing up the case, did not mention the baraza aspect of the defence.…

…Mr Justice Schofield awarded Highstone Butty Tongoi Olenja, the respondent plaintiff (Olenja) Kshs 29,320 special damages with interest on them at 12% a year from 20 February 1980 (the date the plaint was filed) to 22 March…

…90% substituted, the finding of the judge of no contributory negligence by Olenja is set aside and one of 10% substituted, the award of Kshs 786,600 general damages reduced to Kshs 619,200, the award of special damages, interest…