Case law
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Division and case type: High Court Commercial and TaxCommercial Appeal
…period.…
…The court noted that notice period was dependent on the term of the contract, if the term was month to month, the notice should not be less than a month from the first day of the calendar period, if the term is three months…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…By insisting on a 90‑day notice period calculated from an earlier stage of construction, the Arbitrator imposed a condition precedent that the parties never agreed to.…
…In this respect, Clause 45.1 of the JBC contract provides for a 30-day notice period, requiring that where a dispute arises, whether during the progress of the works or after their completion, such dispute shall be duly notified…
Division and case type: High Court Civil Appellate DivisionSmall Claims Appeal Case
…The Appellant issued a notice terminating the tenancy on 30th September 2024 and subsequently surrendered vacant possession to the Respondent upon expiry of the notice period.…
…was placed on the Court of Appeal decision in Nandla Jivraji Shah & 2 Others (t/a Jivaco Agencies) v Kingfisher Properties Limited [2015] eKLR, where the Court held that a controlled tenancy comes to an end the moment the notice…
Division and case type: High Court Commercial and TaxCommercial Matters
…He contended that the defendants issued a Notice for an AGM for 20th February 2024, which was defective due to insufficient Notice period, lack of proper service, failure to follow statutory requirements, and lack of a valid…
…Counsel argued that the law mandates that the Notice period must exclude both the day of service and the meeting date. 8.…
Division and case type: High Court CivilConstitution and Human Rights Petition (Civil)
…The Petitioner asserts that the notice period was short and marred with deliberate confusion; that at 2031 hours on 4.7.24, the eve of the deadline for submitting memoranda, the 2nd Respondent through its “X” handle published…
…The Petitioner contends that the notice period was too short and that there was no sensitization done on the rationale and impact of the proposal to increase road maintenance levy. 26.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The 2015 Act as well as the 1st respondent’s Articles are silent on the notice period required for the convening of directors' meetings.…
…The requirement for an express notice period is quite a variance in comparison to the provisions on general and special meetings which provide for 14- and 21-days clear notice.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The statutes as well as the 1st respondent’s Articles are silent on the notice period required for the convening of directors' meetings.…
…The requirement for an express notice period is quite a variance in comparison to the provisions on general and special meetings which provide for 14- and 21-days clear notice.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The 2015 Act as well as the 1st respondent’s Articles are silent on the notice period required for the convening of directors' meetings.…
…The requirement for an express notice period is quite a variance in comparison to the provisions on general and special meetings which provide for 14- and 21-days clear notice.…
Division and case type: High Court Commercial and TaxCommercial Matters
…In my view, the requirement for a three-fourths majority vote and a three-month notice period is mandatory for terminations under Clause 21(g), and a termination therein is not therefore immediate.…
…This means the dissolution is not effective upon the decision or the breach, but rather at the expiry of the notice period and the notice itself is the formal act that begins the dissolution process.…
Division and case type: High Court Commercial and TaxCommercial Insolvency Petition
…He asserted that the applicant did not properly serve a bill of costs or adhere to the required 30-day Notice period under the Advocates Act.…
…Further, that the applicant did not properly serve a bill of costs or adhere to the required 30-day Notice period under the Advocates Act.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…I find that the parties, by their own conduct, admitted to the jurisdiction of the tribunal, and waived the notice period requirements and the requirement to attempt to settle amicably when they commenced and participated…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The 2015 Act as well as the 1st respondent’s Articles are silent on the notice period required for the convening of directors' meetings.…
…The requirement for an express notice period is quite a variance in comparison to the provisions on general and special meetings which provide for 14- and 21-days clear notice.…
Division and case type: High Court Commercial and TaxCommercial Matters
…CXVI–No. 151 of 24th December 2014, confirming that the Plaintiff’s name had been struck off the Register of Companies, upon expiry of the statutory three (3) months’ notice period.…
Division and case type: High Court Commercial and TaxCommercial Insolvency Petition
…The Company did not respond or pay within the stipulated 21-day notice period. Additionally, the Petitioner holds no security over the Company's assets.…
Division and case type: CHR and JRJudicial Review
…decision is tainted because he was not formally invited to the meeting in which he was ousted as the chairman of the board and that the one-day notice given to him was too short; in any event, it fell short of the 14-day notice…
…period prescribed by the Basic Education Act, cap. 211.…
Division and case type: High Court Commercial and TaxCommercial Matters
…expressly admitted that: -the 1st March, 2016, email gave no reasons; the email did not cite breach, force majeure, or any contractual ground; the termination stated it was “effective immediately”; and the MOU required a 14-day notice…
…period, which was not followed. 15.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…Upon expiry of the notice period the auctioneer states that he was unable to cart away the proclaimed goods as the respondent had closed down its offices and carted away most if not all of the proclaimed items. 5.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The applicant asserted that the said notice of termination is in contravention of its contract with the respondent which provides for either fourteen (14) days’ notice period or thirty (30) days’ notice depending on the grounds…
…that if the application herein is not allowed, its interest in the contract in issue will be greatly infringed, as it will be forced to terminate the employment of over 48 employees without notice and/or within a shorter notice…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The applicant asserted that the said notice of termination is in contravention of its contract with the respondent which provides for either fourteen (14) days’ notice period or thirty (30) days’ notice depending on the grounds…
…that if the application herein is disallowed, its interest in the contract in issue will be greatly infringed as it will be forced to terminate the employments of over 48 employees without notice and/or within a shorter notice…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…This computation expressly accounted for the three months’ notice period which the Applicant now seeks to contest.…