Maathai v Kenya Times Media Trust Ltd
Division and case type: CivilCivil Appeal
…Mr Ombaka said the reference to the order was unnecessary because it related to summary procedure.…
Case law
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Division and case type: CivilCivil Appeal
…Mr Ombaka said the reference to the order was unnecessary because it related to summary procedure.…
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: CivilCivil Appeal
…Mr Ombaka said the reference to the order was unnecessary because it related to summary procedure.…
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: CivilCivil Suit
…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…
Division and case type: CivilMiscellaneous Application
…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…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilMiscellaneous Application
…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 ..............…
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: 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: Milimani Commercial CourtsMiscellaneous Application
…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.…
Division and case type: CivilCivil Appeal
…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.…
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: Milimani Commercial CourtsCivil Case
…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.…
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: Milimani Commercial CourtsCriminal Case
…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 reference to the single Judge was made under Rule 109 (2) of the Rules.…