Case law
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Division and case type: High Court Commercial and TaxCommercial Income Tax Appeal
…Legitimate Expectation The Appellant submitted that the Tribunal misapprehended the legal principles and the laid out tests in determining the creation of a legitimate expectation thereby arriving at the wrong determination…
…The Tribunal considered the guidelines for establishing the existence of legitimate expectation as was held in several similar cases and rendered itself as follows on the doctrine of legitimate expectation: - The Tribunal…
Division and case type: High Court Commercial and TaxCommercial Income Tax Appeal
…Legitimate Expectation The Appellant submitted that the Tribunal misapprehended the legal principles and the laid out tests in determining the creation of a legitimate expectation thereby arriving at the wrong determination…
…The Tribunal considered the guidelines for establishing the existence of legitimate expectation as was held in several similar cases and rendered itself as follows on the doctrine of legitimate expectation: - The Tribunal…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…Legitimate expectation The petitioner again argued that the respondent violated her legitimate expectation.…
…A party that seeks to rely on the doctrine of legitimate expectation, has to show that it has locus standi to make a claim on the basis of legitimate expectation.…
Division and case type: High Court CivilConstitution and Human Rights Petition (Civil)
…The Petitioner has to have a legitimate expectation and not fanciful thinking.…
…A party that seeks to rely on the doctrine of legitimate expectation, has to show that it has locus standi to make a claim on the basis of legitimate expectation. [266] Wade and Forsyth in their work, Administrative Law,…
Division and case type: High Court Commercial and TaxCommercial Appeal
…It further contends that it had a legitimate expectation for the underwriter to uphold the contractual agreement to pay commissions as initially agreed upon.…
…The central issue is whether the underwriter created a legitimate expectation that the appellant would receive payment for the commissions in 2019 and 2020. 14.…
Division and case type: High Court Commercial and TaxCommercial Income Tax Appeal
…The Tribunal rendered itself as follows on the issue of legitimate expectation: - “25.…
…If the answer to this question is affirmative, the second question is whether that expectation is legitimate.…
Division and case type: High Court Judicial ReviewJudicial Review
…or advantage while procedural legitimate expectation arises when a public authority is reasonably expected to follow a particular procedure before taking a decision.…
…expectation from a public body.…
Division and case type: High Court Commercial and TaxCommercial Custom Tax Appeal
…As to whether legitimate expectation can override the law, the appellant faulted the tribunal for finding that it had created a legitimate expectation through publication of tariff reference CUS/N&T/RUL/495/2017 in its website…
…in determining legitimate expectation.…
Division and case type: High Court Commercial and TaxCommercial Custom Tax Appeal
…As to whether legitimate expectation can override the law, the appellant faulted the tribunal for finding that it had created a legitimate expectation through publication of tariff reference CUS/N&T/RUL/495/2017 in its website…
…in determining legitimate expectation.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…A party that seeks to rely on the doctrine of legitimate expectation, has to show that it has locus standi to make a claim on the basis of legitimate expectation.…
…Counsel added that in the circumstances of this case, no legitimate expectation had actualized.…
Division and case type: High Court Commercial and TaxCommercial Income Tax Appeal
…On the claim for legitimate expectation, the Respondent submitted that legitimate expectation cannot exist against the law.…
…Whether there was legitimate expectation created 42.…
Division and case type: High Court CivilJudicial Review
…Whether the ex parte applicant has a legitimate expectation to be sworn in . b.…
…On whether the ex- parte applicant has a legitimate expectation to be sworn in , she argued that she had a legitimate expectation to be sworn in and start working. This was not disputed .…
Division and case type: High Court Judicial ReviewJudicial Review
…A different angle from which the application would also be allowed is the judicial review ground of legitimate expectation.…
…Legitimate expectation may also mean that, if the authority proposes to act contrary to the legitimate expectation, it must afford the person either an opportunity to make representations on the matter, or the benefit of…
Division and case type: High Court Judicial ReviewJudicial Review
…It is her case that she had legitimate expectation that she would sit for the July 2024 examinations, having paid the requisite exam fees and complied with all the set requirements. 7. Ms.…
…A party that seeks to rely on the doctrine of legitimate expectation, has to show that it has locus standi to make a claim on the basis of legitimate expectation. [266]Wade and Forsyth in their work, Administrative Law, 10th…
Division and case type: CHR and JRJudicial Review
…expectation, the applicant submitted that it had acquired the legitimate expectation that the subject Transfer was exempt from stamp duty upon an adjudication being done to that end by the respondent pursuant to Section…
…On Legitimate Expectation: [51] In this instance, there is another reason why the decision of the respondent is untenable, and it is the doctrine of legitimate expectation.…
Division and case type: High Court CivilConstitution and Human Rights Petition (Civil)
…examinations has always been registered latest by 31st March of every year and thus every learner had a Legitimate Expectation to register by then, and that considering that the Repeaters and adult learners do not benefit…
…In the Supreme Court case of Communications Commission of Kenya & 5 others v Royal Media Services Limited & 5 others [2014] eKLR explained the principle of legitimate expectation as follows: “[265] An instance of legitimate…
Division and case type: High Court Commercial and TaxCommercial Custom Tax Appeal
…The respondent submitted that the claim for legitimate expectation must fail.…
…Odunga J (as he then was) Ex-Parte Mount Kenya Bottlers Ltd (supra) Legitimate expectation 42.…
Division and case type: High Court Commercial and TaxCommercial Income Tax Appeal
…On legitimate expectation, the Respondent correctly pointed out that the Tribunal had never decided on legitimate expectation, as its judgment addressed only the classification issue, rendering Ground 9 of the Commissioner's…
…Whether the Tribunal erred in its consideration of the doctrine of legitimate expectation.…
Division and case type: High Court Commercial and TaxCommercial Custom Tax Appeal
…On legitimate expectation it is submitted that the respondent provided the Simba System for TAX clearance and that such clearance would be final.…
…only work within the law – that one cannot rely on legitimate expectation not to pay taxes. 26.…
Division and case type: High Court Commercial and TaxCommercial Matters
…While no documents have been filed with the plaint, the plaintiff\'s claim appears to rest on the doctrine of legitimate expectation, arising from its relationship with the defendant as underwriter and broker, as well as…
…From paragraphs 17 to 20 of the plaint, it is clear that the plaintiff’s complaint centers on the defendant’s breach of the legitimate expectation it created, which allegedly led to the plaintiff’s loss of expected and future…