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…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CIVIL CASE NO.167 OF 2008 IN THE MATTER OF REGISTRATION OF LANDS ACT CAP 300 OF THE LAWS OF KENYA AND IN THE MATTER OF PLOT NO.20 MEASURING 40 ACRES IN LAND 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.…

…But even assuming that this was a case where leave could be sought and obtained to lodge the appeal out of time, there is no such reference to the order for leave to appeal out of time. 12.…

…No objection was led and no Reference was led to this court. 18. What I have is an appeal against the taxation ruling.…

…Thus, coupled with the current file under reference (Eld. HCCNo. 10/1980), there are five voluminous files in all. They, immediately give thebest testimony of the long history of this matter.…

…Consequential upon the Resident Judge's letter to me, I, through myDeputy Registrar, issued Notices to the Advocates for the parties to appearbefore me and address me on the reference and, indeed, the history of thematter…

…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.…

…Therefore the misapplication thereof of that discretion can be challenged by a Constitutional reference and this means in the High Court. (5) The High Court and not the Subordinate Court has an oversight jurisdiction over…

…This necessarily means that a misapplication of that discretion can be challenged by constitution reference; and this means, in the High Court.…

…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.…

…Unless it is a typographical error, this is another confusing feature perpetrated by the Appellants because reference of the ruling appealed against is in SPMCC.78/95.…

…(Further reference to this extract follows below) This group was met at the SUPKEM offices at Nairobi on 30lh November 1997.…

…But even assuming that this was a case where leave could be sought and obtained to lodge the appeal out of time, there is no such reference to the order for leave to appeal out of time. 12.…

…No objection was led and no Reference was led to this court. 18. What I have is an appeal against the taxation ruling.…

…Court for consideration and determination on 4th November, 2003 in exercise of the powers vested in him by Section 8 of the Trade Disputes Act, Cap. 234, Laws of Kenya (which is hereinafter referred to as the Act); and his reference…

…Thus, coupled with the current file under reference (Eld. HCCNo. 10/1980), there are five voluminous files in all. They, immediately give thebest testimony of the long history of this matter.…

…Consequential upon the Resident Judge's letter to me, I, through myDeputy Registrar, issued Notices to the Advocates for the parties to appearbefore me and address me on the reference and, indeed, the history of thematter…

…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.…

…Rule 33 provides for correction of errors by stating that the court shall cause any clerical mistake, incidental error or omission to be rectified without reference to the parties and shall notify the parties of the mistake…