Search court decisions

…Mr Ombaka said the reference to the order was unnecessary because it related to summary procedure.…

…The ground on which the application is based is that there is an agreement between the parties to the suit providing for – reference to arbitration of any matter in dispute arising out of the agreement between the parties…

…These powers include those of making orders for the preservation, interim custody or sale of goods, the subject matter of the reference or for the detention or preservation of any property or thing concerned in the reference…

…Appeal to court (1) Any party to a reference aggrieved by any determination or order of a Tribunal made therein may, within thirty days after the date of such determination or order, appeal to the Environment and Land Court…

…What, however, is clear at this stage is that there is as yet no reference to the Tribunal.…

…If the defendant had made any reference to the Tribunal, there would be no need for its notice of motion to the Tribunal to be granted leave to file a reference out of time.…

…For reasons that are not clear, but which have no relevance to this reference, the respondent fell out with its advocates.…

…And having received the Ruling of the Taxing Officer on the said four items, the applicant was so dissatisfied that it decided to file a reference. This decision is in relation to that reference.…

…Reference was made to the Charge Document which has been marked as exhibit AN1.…

…As at this date the Plaintiff had cleared both her check off and school fees loans referenced 211 253 and 211 288 respectively. The only loan she had outstanding was the car loan referenced 211 284. ii.…

…The applicant raised a reference under section67(1) of the Constitution of Kenya in the Constitutional Court of this country in Criminal Application No 180 of 1985 –Stanley Munga Githunguri v Republic.…

…Let it be clearly understood that although we three judges constitute this court, in no way are we sitting on appeal on the opinions sent out by the Constitutional Court on the applicant’s reference to them.…

…The applicant raised a reference under section67(1) of the Constitution of Kenya in the Constitutional Court of this country in Criminal Application No 180 of 1985 –Stanley Munga Githunguri v Republic.…

…Let it be clearly understood that although we three judges constitute this court, in no way are we sitting on appeal on the opinions sent out by the Constitutional Court on the applicant’s reference to them.…

…variance with the actual pronouncement in the judgement or rulings, and that the- "Commission is bound to suffer enormous loss because unlimited audience given to LSK will cause the Commission to contradict its own terms of reference…

…The order to beappealed against allowed LSK to participate as a person in thesubject Commission under the terms of reference and ofprocedure the Commission has laid out for itself and inconformity with the Statute i.e.…

…The facts leading to this reference are not in dispute.…

…As the applicants have been entirely successful in this reference, I would award the costs thereof to them with interest from the usual dates at the usual rates. Orders accordingly.…

…The reference to a painful experience should, Mr Kitaitu argued, have alerted the magistrate to the coercion being brought to bear on the appellant, and appreciating what had happened, the magistrate should have changed the…

…References to the appellant’s career prospects, and the effect upon the appellant’s family if the appellant is imprisoned show that the appellant’s purpose was not to detract in any way from his plea of guilty but to persuade…

…In making reference to Constitutional Petition No. 50 of 2020, he indicated that it came up for hearing on 28th July, 2020 before Judge E.…

…He made reference to Judge E. Ogola’s ruling in the said petition on page 11 at paragraph 21, where he captured the issue raised in the present application. Mr. Masila indicated that the matter before Judge E.…

…In the ruling the judge found and held:- “After making reference to the Forensic Document Examiner’s Report and in particular the findings with regard to the exhibits marked A1 to A15, the report dated 17th May 2019 leaves…

…The record of the Tribunal seems to suggest that the delay in finalizing the hearing of the Reference before the Tribunal cannot be attributed to any one in particular.…

…The learned National Chairman of the Tribunal has said that the reference came for hearing before two past chairmen of the Tribunal namely M E Mut and then Mr S Pao and also before Mr Imanyara and finally before Mr George…

…The reference of the dispute to arbitration having not been by order of Court. The agreement to submit to arbitration was enteredinto while the three suits were pending.…

…Agreements to refer disputes to arbitrationentered into after a suit or suits have been filed are governed either by 0.45, Civil Procedure Rules, if references are made by order of court or under 0.24 rule 6 Civil Procedure…

…The elders who dealt with the defendant’s grievance did not do so pursuant to a reference made to them. Their decision was and is of no legal effect.…

…If it was not for that Judgment, the Plaintiff would have agitated its claim as mortgagee with reference to that Judgment.…

…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.…

…In the same paragraph a reference is made to Section 231 of the English Companies Act which is in the same terms as our Section 228. I therefore hold that Section 228 is not applicable to the present application.…