Case law
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Division and case type: High Court CivilCivil Appeal
…While the assessment of damages is largely discretionary, the exercise of that discretion is governed by well-defined legal principles. 27.…
…These complaints, when properly interrogated, raise the question whether the correct legal principles governing assessment of damages were applied.…
Division and case type: High Court Commercial and TaxCommercial Appeal
…The appellant argues that the established legal principles embodied in judicial pronouncement are to the effect that claim for liquidated compensation should attract interest from the date of filing suit.…
…principles.…
Division and case type: High Court DivCivil Case Miscellaneous
…reduced the Applicant's Bill of Costs from Ksh.812,945/- to Ksh.165,105/- a decision reached through a fundamental misapprehension of material facts, as clearly demonstrated in the pleadings, and a flawed application of legal…
…principles.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Appellants contend that they were not properly served with court process and that the trial court misdirected itself by applying the wrong legal principles and failing to exercise its discretion judiciously. 5.…
…The appeal turns on the following issues: a) Whether the Appellants were properly served with the statement of claim and court process; b) Whether the Learned Adjudicator applied the correct legal principles in declining…
Division and case type: High Court Commercial and TaxCommercial Appeal
…The learned trial magistrate erred in law by shifting the burden of proof upon the appellant contrary to the well-established known legal principles That the learned adjudicator erred in law by ignoring the applicable provisions…
…The learned adjudicator erred in law by misconstruing and ignoring known legal principles and rules of evidence.…
Division and case type: High Court DivCivil Appeal
…THAT the Learned Magistrate failed to adequately consider the legal principles thereof and the submissions of the Appellant’s Counsel and the supporting documents thereof.…
…That the learned Adjudicator misapplied legal principles and failed to be guided by precedents. That the court wrongly discredited documentary evidence without legal justification.…
Division and case type: High Court DivCriminal Appeal
…In the case of John Muendo Musau v Republic[2013] KECA 266 (KLR) the court stated:- “The legal principles to be applied in plea taking in all criminal cases were well enunciated in the locus classicus case of Adan v Republic…
…From a reading of the proceedings of the court below, it is clear that the above legal principles were followed before the plea of guilty was entered.…
Division and case type: High Court CriminalMurder Case
…Having considered the evidence and the applicable legal principles, including Ramanlal Trambaklal Bhatt v Republic [1957] E.A. 332, I am satisfied that the prosecution has established a prima facie case. 3.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Nairobi & Another [2017] eKLR, in addressing a point of law and a point of fact, Justice Mativo stated thus: “In law, a question of law, also known as a point of law, is a question that must be answered by applying relevant legal…
…principles to interpretation of the law.…
Division and case type: High Court DivCivil Appeal
…principles. 32.…
…The Appellants have not demonstrated that the learned trial magistrate misdirected herself on the evidence or applied wrong legal principles. 52.…
Division and case type: High Court CivilCivil Suit
…As that, this will offend the legal principles of consolidation of suits; and also that the legal threshold under Order 2 Rule 15 has not been met. 3. The Application was canvassed through written submissions.…
…I have as later set out in this ruling, also considered the applicable legal principles, the relevant legal provisions, and the case law cited by the parties in their submissions. 13.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Nairobi & Another [2017] eKLR, in addressing a point of law and a point of fact, Justice Mativo stated thus: “In law, a question of law, also known as a point of law, is a question that must be answered by applying relevant legal…
…principles to interpretation of the law.…
Division and case type: High Court CriminalMurder Case
…Having considered the evidence and the applicable legal principles, including Ramanlal Trambaklal Bhatt v Republic [1957] E.A. 332, I am satisfied that the prosecution has established a prima facie case. 3.…
Division and case type: High Court CivilCivil Appeal
…The learned magistrate erred in fact and law and misdirected herself in failing to consider, interpret and apply the legal principles for the grant of the orders of amendment of pleadings and as a result arrived at a wrong…
…The learned judge erred and misdirected herself on law by failing to uphold the doctrine of stare decisis in light of clearly established legal principles from the superior courts with respect to amendment of pleadings.…
Division and case type: High Court DivCivil Appeal
…dependency, failed to apply the correct principles, and hence arrived at an erroneous estimate of damages c) The learned trial magistrate misapprehended the evidence and misapplied, misunderstood and or overlooked the correct legal…
…principles and judicial precedent and the submissions by parties that he made an award for loss of dependency that was erroneous and inordinately high. d) The learned trial magistrate erred in law and failed to apply the…
Division and case type: High Court DivCivil Appeal
…THAT the Learned Magistrate erred in law and in fact by misapprehending the evidence and misapplying, misunderstanding and/or overlooking the correct legal principles and judicial precedent and the submissions by the Appellant…
…Whether the trial court failed to consider the correct legal principles and/or considered extraneous issues. iii. Whether the trial court erred in law and in fact in its assessing of damages for loss of dependency. iv.…
Division and case type: High Court CivilCivil Appeal
…The Appellant submits that the assessment of general damages is a discretionary exercise which must be conducted judicially, with due regard to legal principles.…
…A related issue is whether the trial court properly applied legal principles and precedent in assessing the quantum of damages, taking into account the nature and extent of the injuries, the evidence adduced by the parties…
Division and case type: High Court Commercial and TaxCommercial Appeal
…principles (See Sumaria & Another v Allied Industrial Limited [2007] 2 KLR 1; Jabane v Olenja [1986] KLR 661; Simon Muchemi & Another v Gordon Osore [2013] eKLR).…
…His ruling was firmly grounded in legal principles, carefully weighed evidence and an evaluation of the balance of interests between the parties.…
Division and case type: High Court CivilJudicial Review
…The legal principles governing the remedy of mandamus are well settled.…
…Having considered the material placed before the Court and the applicable legal principles, I am satisfied that the Applicant has established the basis for the grant of the order sought. 21.…
Division and case type: High Court DivCriminal Appeal
…Counsel further submitted that the trial Court must be guided by the evidence and sound legal principles, it must take into account all relevant factors and eschew all extraneous or irrelevant factors and that the appellate…
…The Court must be guided by the evidence and sound legal principles. It must take into account all relevant factors and eschew all extraneous or irrelevant factors.…