Results.
2,754 judgments found.
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| June 1977 |
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6 June 1977 |
| November 1969 |
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21 November 1969 |
| August 1969 |
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6 August 1969 |
| April 1969 |
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12 April 1969 |
| March 1969 |
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21 March 1969 |
| January 1969 |
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14 January 1969 |
| December 1968 |
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13 December 1968 |
| November 1968 |
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29 November 1968 |
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22 November 1968 |
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This is an appeal against an interlocutory order of the High Court refusing an application by the defendant/appellant for further particulars of the plaint. This appeal is brought with leave
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22 November 1968 |
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13 November 1968 |
| October 1968 |
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30 October 1968 |
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16 October 1968 |
| August 1968 |
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20 August 1968 |
| July 1968 |
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26 July 1968 |
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17 July 1968 |
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11 July 1968 |
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10 July 1968 |
| June 1968 |
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18 June 1968 |
| February 1968 |
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1 February 1968 |
| January 1968 |
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1 January 1968 |
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Litigation costs to recover let premises are revenue expenditure deductible as incurred to produce income.
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Tax law — deductibility of expenditure — Litigation costs to recover let premises — Income Tax (Management) Act s 14(1), s 15
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1 January 1968 |
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1 January 1968 |
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1 January 1968 |
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High Court wrongly substituted its view for Rent Tribunal; later valuation cannot substitute for market cost at completion date.
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Appellate practice — Appellate interference — scope of Appeals Tribunal under Rent Restriction Act to correct speculative/unsubstantiated factual assessments
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Evidence — sufficiency of reasons — Tribunal not obliged to give reasons
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Land law — Rent restriction act — procedural requirements for re-assessment and reliance on valuation surveys
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1 January 1968 |
| July 1967 |
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3 July 1967 |
| December 1965 |
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Criminal law — Criminal law-murder-beating of a suspected thief — Beating by sticks by persons escorting the thief until he died-Common intention. Criminal Law-Offence committed in obedience to an unlawful order — Whether malice aforethought
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Evidence — Criminal law-practice-confession-retracted confession-trial within trial — Right of accused to make unsworn statement
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30 December 1965 |
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Civil procedure — Criminal law-practice-joinder of charges — Joinder of charge of arson with charge of murder — Offences charged founded on same facts — Undesirability of joining another charge with charge of murder or manslaughter
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30 December 1965 |
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Civil procedure — Validity of such sale — Indian Transfer of Property Act, 1882 s. 69 (1) and s. 69B (2)
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Land law — Mortgage statutory power of sale-exercise of power without intervention of court-property sold by public auction-property purchased by agent of mortgagee
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20 December 1965 |
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Legal profession — Practice-review-plaintiff and his witnesses absent at hearing-plaintiff's advocate present — Amount of claim admitted by defendant but set off and counterclaim pleaded — Evidence in support of defence and counterclaim heard -Defendant cross-examined by plaintiff's advocate — At close of defendant's case application for adjournment refused — Judgment entered on basis of set off and counterclaim-Application for review refused-Appeal
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10 December 1965 |
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Land law — Landlord and tenant_monthly tenancy-condition to hand over premises in e good order and condition on termination of tenancy — Breach of condition by tenant-Whether reasonable wear and tear excluded-Damages — Measure of damages
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10 December 1965 |
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Criminal law — Appeal — Abandonment of appeal — Application to withdraw notice of abandonment-No provision for application-Appeal deemed to be dismissed when notice given — Jurisdiction of appellate court to hear such appli- Criminal Procedure Code
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9 December 1965 |
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Criminal Law-Evidence-Accomplice-Corroboration-Failure of judge to direct assessors or himself on need for corroboration
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9 December 1965 |
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Criminal law — Criminal law-murder or manslaughter — Provocation — Accused and woman lived together for two years as man and wife — No marriage recognised by customary law-Woman leaving accused on orders from relatives — Intention to resume cohabitation if balance of dowry paid by accused — Discovery of woman and deceased in flagrante delicto — Whether sufficient provocation to reduce murder to manslaughter
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9 December 1965 |
| November 1965 |
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Land law — Landlord and tenant — Business premises for specified trade — Shops in trading centre leased by common landlord-Leave ot one tenant restricting user to grocery business — Landlord also precluded from letting other premises for such business — Landlord aware of other tenants carrying on business of grocery. Whether the landlord is in breach of obligation
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29 November 1965 |
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Criminal law — Criminal law-charge-joint offenders — Joinder of courts alleging corrupt transactions and tax theft by different accused
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25 November 1965 |
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Insurance law — Insurance policy against housebreaking — What burden of proof is on the insured? Burden of proof — Insurance against housebreaking
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24 November 1965 |
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Evidence — Evidence-admissibility — Oral evidence to explain the application of the Unambiguous Document Evidence Act, 1963, s. 99 and s. 102 (K)
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Tort — Damages-trespass — Special damages for wrongful quarrying — Special damages for failure to erect a fence. Practice Appeal-Point not taken at trial-Whether evidence on record a complete investigation of the issue
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18 November 1965 |
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Customary law
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— Assessors-functions where customary law is involved — Civil Procedure Act, s. 87 (K.)
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— Native law and custom — Gift of land inter vivos in the Kikuyu area — Customary law not established
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— Practice-customary law — Onus of establishing it on the party relying on it. Evidence―Judicial notice of customary law-Onus of establishing customary law on the party relying on it-Civil Procedure Act, s. 87-Evidence Act, 1963, s. 13, s. 51, s. 59 and s. 60 (K.)
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18 November 1965 |
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Civil procedure
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— Costs — Whether the respondent is always entitled to the costs of the application not made at the proper time
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— Practice-court of appeal-slip rule — Error arising from accidental slip or omission-Appeal heard and judgment delivered―Judgment embodied in formal order-Omission of counsel to make particular application-Application-for amendment of order-Jurisdiction of Court of Appeal to amend its judgmen
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11 November 1965 |
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Land law — Rent restriction-possession-whether statutory tenant retains actual possession when allows part of the premises to be occupied by licensees — Whether court C has jurisdiction to make a possession order as to part of the premises
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8 November 1965 |
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Legal profession — Advocate-advocate's authority to compromise — Action for recovery of possession and mesne profits — Amount of mesne profits fixed by consent
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8 November 1965 |
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Legal profession — Advocate-action for damages against advocate for damages for wrongful detention of documents and return of documents-whether cause of action in contract or tort — Limitation of actions
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5 November 1965 |
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Civil procedure — Practice-pleadings — Striking out — Counterclaim
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5 November 1965 |
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Land law — Mortgage-statutory power of sale — Statutory notice required to be served on mortgagor demanding payment before sale — Statutory notice sent by regis- tered post but returned unclaimed — Whether notice properly served
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4 November 1965 |
| October 1965 |
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Criminal law — Criminal law-murder-plea of self-defence — Provocation — Misdirection — Whether conviction of murder should be reduced to manslaughter
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30 October 1965 |
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Contract law — Contract-undue influence-undue influence by father on son — Father not party to contract-Loan obtained by father on security of son's property
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28 October 1965 |
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Tort
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— Fatal accident-damages — African child — Father earning Shs. 300/- per month. Negligence-Res ipsa loquitur-grass-cutting machine-person killed by flying piece of metal-Whether principle applies
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— Negligence-dangerous machinery-rotary grass-cutting machine-piece of metal thrown up causing fatal injury — Whether danger foreseeable
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27 October 1965 |
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Criminal law
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— Criminal law-joint offenders — Whether the acquittal of one of three accused will vitiate the convictions of the other
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— Criminal law-murder- common intention- collateral act causing death done by one of several participants in unlawful concerted action-two appellants outside a shop, but knew that the killer had used violence capable of causing death — Whether appellants guilty of murder
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19 October 1965 |
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Bankruptcy Bankruptcy notice-Validity in form-Whether costs of execution should be included. Bankruptcy Bankruptcy notice-Security-Whether attachment of money still in court is security. Bankruptcy Bankruptcy notice-Whether costs of abortive èxecution are part of the amount due on a judgment
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4 October 1965 |