Case law
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Division and case type: CivilCivil Case
…The letter of termination read, in pertinent part, as follows: “TERMINATION OF SERVICE Reference is made to the investigations which have recently been carried out by Bank inspectors into (i) Kshs. 10.5 million fraud at the…
…If so, 5) Whether on termination his employment was subject to the contract entered on 12th October, 1962. 6) Was the termination, if termination there was, proper.…
Division and case type: CivilCivil Case
…The orders sought in the plaint are: (a) a declaration that the purported termination of the licence dated 1st May 1988 is null and void.…
…Most of the clauses are one sided in favour of the company especially those falling under main clause 9 - TERMINATION.”…
Division and case type: CivilCivil Case
…There are Articles of Association of the Chamber which, inter alia, make provisions concerning membership of the Chamber, the termination of such membership and an appeal from a decision terminating membership to the Extraordinary…
…the Chamber but also of the Governing Council, claim in their plaint that they were unlawfully expelled from the Chamber by its Governing Council at its meeting held on 16.2.90 for the following reasons namely, that the termination…
Division and case type: Milimani Commercial CourtsCivil Case
…The 1st Defendant’s freedom to retain or terminate the contract was therefore left intact even though such a termination would be at the pain of paying damages for any breach of contract.…
…Only a copy of the agreement would shed light on the Agreement between the parties as to whether the Agency contract was or was not terminable, and the procedure, if any, for termination.…
Division and case type: CivilCivil Suit
…This discretion mustalso continue after the termination of theassignment."…
…Paragraph ten (10) of the terms of employment, makes provision for termination of services.…
Division and case type: CivilCivil Suit
…The plaintiff’s contract of employment does not contain a clause with regard to termination of employment.…
…In the circumstances the Court has to consider what would have been a reasonable notice to give for the termination to be lawful.…
Division and case type: CivilCivil Case
…A discontinuance of a suit is termination of the entire suit while withdrawal usually refers to withdrawal of parts of a claim or suit. A withdrawal of the entire suit can be construed to be in effect a discontinuance.…
Division and case type: CriminalCriminal Case
…It follows therefore that a person aggrieved by the Attorney General’s termination of criminal proceedings may invoke the High Court’s judicial review jurisdiction.…
…By the fact alone of this quasi-judicial review character, it follows that an aggrieved person, by the Attorney General’s termination of criminal proceeding, may invoke the High Court’s Judicial Review jurisdiction.…
Division and case type: CivilCivil Case
…On that basis, on the 26th November, 1988 the plaintiff, through its then advocates, served on the defendant a notice of termination of the tenancy.…
…The reason for the termination was given as – “That you are irregular in the payment of your rent as and when the same becomes due and at present you are in arrears of rent in the sum of Shs 328,960/- for the months of August…
Division and case type: CivilCivil Case
…According to it, the only reason given by it for the withdrawal of its offer of the loan or for the unilateral termination by it of the loan agreement between it and the plaintiff was the alleged non payment of the commitment…
…It is also worth noting that when the commitment fee was paid on 29.6.81, the defendant accepted it and retained it unconditionally for 2 months before its unilateral termination of the loan agreement.…
Division and case type: CivilCivil Case
…Had that happened, no party would have required to give the other reasons for the termination.…
…Such termination could take place at any stage of the contract of Service and the contract does not provide for payment of any other money. I have been given no evidence.…
Division and case type: CivilCivil Case
…In the result I dismiss prayer ‘c’ of the plaint in respect of the alleged “unlawful premature termination of the agreement” with costs. Delivered this 6th day of April, 1989, RAUF JUDGE…
Division and case type: CivilCivil Case
…He was the one who wrote the letter of termination to the plaintiff on 7.1.91.…
Division and case type: CivilCivil Case
…If the agreement of 23.6.86 is alternatively taken as a mutual termination of the agreement of 20.11.85 then it would be expected that defendant would agree to take the vehicle back directly and refund the deposit.…
Division and case type: CivilCivil Case
…Prima facie, it is clear that the tenant held over in terms of section 52 (1) of the Registered Land Act and is deemed to a month to month tenant entitled to one month notice before termination.…
Division and case type: Milimani Commercial CourtsCivil Case
…Termination by lessee is not provided for in ITPA or for a breach of covenant by lessor.…
…The termination was unlawful. It was not in accordance with the manner a lease is terminated.…
Division and case type: CivilCivil Case
…the offer or within such time for acceptance as may be extended by the Society, then the agreement to advance may be terminated by the Society without any prejudice to all rights accrued to the Society as at the date of termination…
Division and case type: Milimani Commercial CourtsCivil Case
…appearing…” thus the Plaintiff would from time to time be advanced funds not exceeding Kshs 200,000/= which were to be secured by the said charge. iii.The Plaintiff is a former employee of the Defendant who at the time of the termination…
Division and case type: Environment and LandCivil Suit
…The contract of employment provided for termination of the same and so the Plaintiff cannot claim the right to work up to the age of 55 years and contend that the Plaintiffs contract was terminated in accordance with the…