Case law
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Division and case type: CivilCivil Appeal
…The aforegoing constitutes the background leading to this reference.…
…In the result we allow the reference. The applicant is granted leave to file his notice of appeal out of time.…
Division and case type: GeneralUnclassified
…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…
Division and case type: CriminalCriminal Case
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: Employment and Labour RelationsCase number Cause
…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…
Division and case type: CriminalCriminal Case
…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…
Division and case type: Constitutional and Human RightsPetition
…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…
Division and case type: Constitutional and Human RightsConstitutional Petition
…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…
Division and case type: CivilCivil Appeal
…Sub-section (1) (2) and (3) of section 30 of the Act provide; 30. (1) In sections 27, 28 and 29 of this Act, any reference to the material facts relating to a cause of action is a reference to one or more of the following…
Division and case type: CriminalCriminal Appeal
…Finally the court said, (with reference to the older R V Bates & Pugh (1848) 3 Cox’s Criminal Cases 201), at page 809 of the report: The words “ready willing to pay” indicate the second qualification.…
Division and case type: CivilCivil Appeal
…Inamdar's digest with reference to pelvic injuries could have helped.…
Division and case type: CivilCivil Appeal
…The policy, as is normal in such policies, also provided in clause 9 thereof, which is commonly referred to in the trade as an “all differences” clause, for the reference of all differences arising out of the policy to, in…
Division and case type: CivilCivil Appeal
…The basic reference-point in constitutional interpretation is the text. Application of the Constitution is a more dynamic notion.…