Search court decisions

…NO. 2 OF 1998) ***************** RULING OF THE COURT This is a reference to full court from the decision of Omolo JA sitting as a single judge of this Court by which he rejected the applicant's application for extension of…

…In the circumstances we find no merit in this reference and it is accordingly dismissed with costs to the respondent. Dated and delivered at Mombasa this 27th day of January, 1999. R. O. KWACH ..............…

…APPEAL NO. 97 OF 1988) ********************* RULING OF THE COURT This is a reference to full Court against the ruling of the learned single Judge of this Court whereby he exercised his discretion under rule 4 of the Rules…

…Njage, counsel for the applicant, asks us in this reference under rule 54(1) (b) to vary, discharge or reverse the decision of the single judge on the ground that, he, in the exercise of his discretion failed to take into…

…The respondents were dissatisfied with the sum of Shs.15,635/= awarded to them as costs by the Deputy Registrar and they made a reference to the single Judge pursuant to Rule 109 (2) of the Court's Rules.…

…The reference to the single Judge was made under Rule 109 (2) of the Rules.…

…After the single judge has made his decision, a reference to the full bench may be made by either side under rule 54 of the rules.…

…It is the purpose of the reference to reconsider afresh the various aspects of the application.…

…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.…

…However, the dismissal was referred to the full court (Madan, Miller and Potter, JJA) which reference was also dismissed on December 3, 1981.…

…The strictures of this Court in its judgment on the reference from a single judge in the intended appeal by the applicant from a decision refusing to set aside the sale were therefore inappropriate.…

…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.…

…However, the dismissal was referred to the full court (Madan, Miller and Potter, JJA) which reference was also dismissed on December 3, 1981.…

…The strictures of this Court in its judgment on the reference from a single judge in the intended appeal by the applicant from a decision refusing to set aside the sale were therefore inappropriate.…

…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…

…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.…

…scheduled agricultural produce shall cause or permit the same to be moved except under and in accordance with a permit issued by the Board or by a person authorised by the Board in writing (whether named or specified by reference…

…For the state, Mrs Muindi replied that a reference in the charge to Regulations No 173 which was nonexistent did not bring any confusions.…

…No reference to section 38 of the Act was made in the said summons. However, the appellant’s claim to the suit land was clearly pursuant to the provisions of this section.…

…The appellant’s entire affidavit makes no reference to a certified extract of title to land parcel No E Wanga/Isongo/ 1512 out of which the suit land is claimed. None appears to have been annexed thereto.…

…Besides, in my judgment an agreement that is held to be void for all purposes could not be the basis for a reference to a panel of elders.…

…The learned Magistrate then proceeded to explain why he thought the appellant’s identification by the complainant was reliable but without making any reference at all to the fact although he claimed to have known the appellant…

…The court was grateful for the reference to Henry H Ilanga v M M Anyoka [1961] E A 705 at p 713 where the proper approach is set out, derived from several celebrated English cases.…

…This may tie in with the reference to Kshs 3,000 made by William Mwenyesi in his sketch plan [Exhibit 3] in the plot next to that of Stephen Mtsonga.…

…Then there is the evidence of William Mwenyesi, the recording officer, and his sketch plan which despite some obscurities in it and the reference to the land being leased by the plaintiff to the defendant supports the version…

…Evidence Act says:- "An accomplice shall be a competent witness against an accused person and a conviction shall not be illegal merely because it proceeds upon the uncorroborated evidence of an accomplice", So Miss Njeru's reference…

…Evidence Act says:- "An accomplice shall be a competent witness against an accused person and a conviction shall not be illegal merely because it proceeds upon the uncorroborated evidence of an accomplice", So Miss Njeru's reference…

…Inamdar's digest with reference to pelvic injuries could have helped.…