Case law
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Division and case type: CivilCase number Civil Application
…He claimed he had done much research into the facts for the reference and into the law relating to such a reference, into the judicial exercise of the discretion vested in a single judge of appeal by the amended rule 4 of…
…‘Application’ and ‘appeal’ do not, however, include ‘ a reference’ according to their definitions in the Rules, but although the term ‘ reference’ is in the side note to rule 54(1), which provides ‘a reference’, yet that…
Division and case type: CriminalCriminal Appeal
…Appeal in an intended Appeal from a judgment and order of the High Court at Nairobi (Oguk, J.) dated 24th June, 1996 in Criminal Appeal No. 920 of 1995) *************************** RULING OF THE COURT: The respondent in this reference…
…Further and without any reference to the Central Bank of Kenya the superior court set aside the order of forfeiture referred to above and ordered that all the money forfeited to the said Bank be released forthwith to the…
Division and case type: CriminalCase number Criminal Application
…Appeal in an intended Appeal from a judgment and order of the High Court at Nairobi (Oguk, J.) dated 24th June, 1996 in Criminal Appeal No. 920 of 1995) *************************** RULING OF THE COURT: The respondent in this reference…
…Further and without any reference to the Central Bank of Kenya the superior court set aside the order of forfeiture referred to above and ordered that all the money forfeited to the said Bank be released forthwith to the…
Division and case type: CivilCase number Civil Application
…NO. 575 OF 1968) *********** RULING OF THE COURT The reference before us which has been brought under rule 54 of our Rules, is from the ruling dated 25th February, 1997, of Tunoi, JA sitting as a single Judge of this court…
…Tunoi, JA had held that “as far as the issue of extension of time to lodge appeal out of time is concerned”, he was bound by an earlier ruling in a reference to the full bench of this court dated 2nd October, 1996, which…
Division and case type: CriminalCriminal Appeal
…So it is the subordinate court which makes the reference under section 67 (1) of the Constitution of Kenya (the Constitution), not the party.…
…So one finds, as we see it, the issue narrowing itself down to one point namely: the subordinate court having not made a reference to the High Court, there could not be anything in the Constitution identified for interpretation…
Division and case type: CriminalCase number Criminal Application
…Both Mr Imanyara for respondents Nos 1, 2 & 3 and Mr Khaminwa for the 4th respondent objected vigorously to any reference to any sections of the Penal Code for the sake of seeking any assistance from them.…
…Reference to sections of Penal Code contended Mr Khaminwa would therefore be an attempt to introduce the law and procedure under the Penal Code through the back door.…
Division and case type: CivilCivil Appeal
…The Respondent Co-operative Society purchased an area of 11,330 acres, comprising Land Reference 7612 at Kiu in the Machakos District, in 1971.…
…The list of the eighteen “legal”squatters, (presumably the heads of the respective families), a term to which the learned Judge made reference, appears in a letter from the Respondent to its advocates, Messrs, J K Mulwa &…
Division and case type: CivilCivil Appeal
…Perhaps the real object of the reference to Acres in the first instance was to settle minor disputes in the nature on pi-pricks on the sites.…
…The only reference to arbitration was continued in its letter of March 26, 1982 as follows: “Clause 4.57 of the contract lays down the procedure for resolving any disputes.…
Division and case type: CivilCivil Appeal
…Notwithstanding the provisions of art 101, to which references was made in the argument, Mr Bhangra retired from the company on August 10, 1976.…
…and this passage again followed by a reference to the law of partnership and to the Partnership Act.…
Division and case type: CivilCivil Appeal
…therefore that unless we receive your admission of liability within fourteen (14) days of the date hereof, we shall institute legal proceedings at your risk as to costs and consequences ensuing therefrom without further reference…
…Take notice that unless we receive a satisfactory reply from your insured or yourselves within ten (10) days from the date hereof proceedings will be taken against you without further reference.…
Division and case type: CriminalCriminal Appeal
…Even then, the 3rd defendant did not attempt to satisfy the Auctioneers Rules with regard to the condition of the proclaimed goods for it was only with reference to the attached motor vehicle that he indicated the value.…
Division and case type: CriminalCriminal Appeal
…The former Court of Appeal for East Africa in Osongo and another v Republic , (1972) E A 170, 171 E and F, which was a reference to the full court, said that, it could not agree that if those words had not been used in the…
Division and case type: CivilCivil Appeal
…In his ruling dated 26th June, 1998 in which he refused to set aside his judgment dated 20th May, 1998 as is outlined in this judgment, Kuloba, J. made no reference to any of the “other enabling provisions of law” under which…
…Indeed, no reference was made to it in the ruling of the superior court out of which the order appealed from arises.…
Division and case type: CriminalCriminal Appeal
…As the trial proceeded, there were references to the assessors as being recalled though there was no record of the time and at what stage of the proceeding they were requested to leave the court.…
…No reference is made of it in the judgment. The trial judge ought to have considered it. Failure to consider the defence is contrary to natural justice and unsettles the judgment Okethi Okale v Republic [1965] EA 555.…
Division and case type: CriminalCriminal Appeal
…We think the reference to a quarrel as an afterthought put forward for the reason we have stated, otherwise it would have formed a part of the appellant's statement which he made to the police on the day of the killing.…
Division and case type: CivilCivil Appeal
…For the purposes of this appeal it is not necessary for me to go into the full facts as deponed to by the contesting parties but reference to certain salient facts will be useful.…
…Notwithstanding this, our clients would be prepared to consider a reference to arbitration provided three preconditions are satisfied.…
Division and case type: CivilCivil Appeal
…The facts were so dissimilar that there was no basis in law for its application here and equally for any reference to section 146 of the Public Health Act, cap 242.…
…There is then the reference by Mr Khaminwa to section 66 of the Law of Succession Act, cap 160 which provides: “When a deceased has died intestate, the court shall, save as otherwise expressly provided, have a final discretion…
Division and case type: CivilCivil Appeal
…appeal by the defendant (appellant) from the decision of the superior court (late Bhandari, J) whereby he decreed specific performance to the second plaintiff (second respondent) to transfer to him the land known as Land Reference…
…regard to the surrounding facts leading to the formation of the agreement we are satisfied that the reality of the matter was that the second respondent so subscribing himself was acting as a principal, and this was so as no reference…
Division and case type: CivilCivil Case
…Until the court on a reference finally decides on whether a valid notice of appeal is also struck out along with an incompetent appeal, I would not like to express my views. However, even if we suppose that Mr.…
Division and case type: CivilCivil Appeal
…Until the court on a reference finally decides on whether a valid notice of appeal is also struck out along with an incompetent appeal, I would not like to express my views. However, even if we suppose that Mr.…