Court of Appeal · Not stated in the judgment 19 December 1978 Kenya's Court of Appeal confirmed that a single expert fingerprint match can be enough evidence to convict someone of a crime.
criminal law criminal procedure evidence burden of proof stare decisis
Court of Appeal · Court of Appeal, Nairobi (test case on section 4 of the Government Proceedings Act; suit arising from High Court Civil Case 1101 of 1975) 14 December 1978
tort law statutory interpretation civil procedure judicial discretion limitation of actions
Court of Appeal · Not stated in the judgment 24 November 1978 Kenya's Court of Appeal confirmed judges can cut excessive legal costs directly and refunded Shs 32,849 to the winning party — but without i
civil procedure judicial discretion statutory interpretation
Court of Appeal · Not stated in the judgment as provided 22 November 1978 Kenya's Court of Appeal ruled that occupying premises with rent paid creates a monthly tenancy that only written notice can end, awarding la
land law contract law statutory interpretation burden of proof remedies
Court of Appeal · Not stated in the judgment 15 November 1978 Kenya's Court of Appeal quashed a murder conviction and death sentence because the confession was likely obtained by torture and the remaini
criminal law criminal procedure evidence burden of proof fair hearing
Court of Appeal 10 November 1978 Kenya's Court of Appeal ruled landlords are not automatically liable for basement flood damage unless they knew about the defect causing it.
tort law contract law land law burden of proof judicial discretion
Court of Appeal · Two consolidated appeals (numbers not stated in the judgment) 24 October 1978 The Court of Appeal ruled that the Government cannot deduct withholding tax from compensation paid to landowners when it compulsorily acquir
tax law land law constitutional law statutory interpretation public land
Court of Appeal · Not stated in the judgment 5 October 1978 Kenya's Court of Appeal confirmed that a private prosecution is valid if the magistrate allowed it to proceed, and that private prosecutors
criminal procedure criminal law locus standi jurisdiction precedent
Court of Appeal · Not stated in the judgment as supplied 11 July 1978 Kenya's Court of Appeal ruled a bank that let a contractor finish lodges it knew wouldn't be paid had to foot the bill.
contract law trusts equity estoppel land law remedies
Court of Appeal · Not stated in the judgment (appeal against the order of Hancox J in a winding-up petition) 11 July 1978 Kenya's Court of Appeal ruled that creditors cannot use winding-up petitions to collect debts the company genuinely disputes on substantial
company law insolvency judicial discretion abuse of process burden of proof
Court of Appeal · Not stated in the judgment 15 June 1978 A Kenyan client cannot force an advocate to refund fees already paid, even where the fee agreement was only verbal.
professional conduct contract law statutory interpretation civil procedure remedies
Court of Appeal · Not stated in the judgment 25 May 1978
civil procedure judicial discretion fair hearing tort law remedies
Court of Appeal · Civil Application (intended appeal from former Appeal No 46 of 1977) 25 May 1978 Kenya's Court of Appeal confirmed a lawyer's honest mistake can justify reviving a struck-out appeal, provided the delay is explained and th
extension of time civil procedure adverse possession land law jurisdiction
Court of Appeal · Civil Appeal 31 of 1977 (application) 18 May 1978 Kenya's Court of Appeal confirmed that court pleadings are not evidence until their claims are proved or admitted, so they cannot be added a
civil procedure additional evidence evidence insolvency statutory interpretation
Court of Appeal · Not stated in the judgment 28 April 1978 Kenya's Court of Appeal refused to extend appeal time where a law firm's clerk simply misplaced a client's instructions, confirming that sta
extension of time civil procedure jurisdiction judicial discretion limitation of actions
Court of Appeal · Reference from the decision of the Registrar as Taxing Master (arising from Civil Appeal No 33 of 1976, A W Rogan Kamper v Lord Robert Grosvenor) 27 April 1978 Kenya's Court of Appeal ruled a landlord could claim a court-locked deposit because the tax authority's claim came too late.
civil procedure tax law statutory interpretation precedent remedies
Court of Appeal · Civil Appeal (Nairobi) – from High Court suit for Kshs 47,150 13 April 1978 Stop a post-dated cheque given to settle a debt, and a Kenyan court can order you to pay the whole debt immediately.
contract law civil procedure statutory interpretation judicial discretion
Court of Appeal · Not stated in the judgment 17 March 1978 Kenya's Court of Appeal confirmed that courts can allow late claim amendments and that delivery of goods can be proven by conduct, not just
civil procedure statutory interpretation limitation of actions judicial discretion burden of proof
Court of Appeal · Reference under rule 109(5) of the Court of Appeal for East Africa Rules, 1972, arising from Civil Case No 786 of 1971 1 March 1978 Kenya's appellate court confirmed that judges reviewing taxed legal fees may only step in when the amount is unreasonably high or low—not me
civil procedure judicial discretion statutory interpretation access to justice precedent
Court of Appeal · Not stated in the judgment 28 February 1978 Kenya's Court of Appeal struck out an entire appeal because the appellant never filed the decree—the court refused to forgive that procedura
civil procedure adverse possession land law jurisdiction extension of time
Court of Appeal · Criminal Appeal (High Court Criminal Case No 95 of 1976) 20 February 1978 Kenya's Court of Appeal held that joining a burglary where violence was foreseeable makes you guilty of murder, even if your partner caused
criminal law criminal procedure statutory interpretation burden of proof stare decisis
Court of Appeal 1 February 1978 A Kenyan appeal court cut a child's injury payout but confirmed that very young children hurt in road accidents are rarely to blame.
tort law damages standard of proof precedent judicial discretion
Court of Appeal · Civil Appeal from Nairobi High Court Civil Case No 569 of 1977 31 January 1978 A Kenya Court of Appeal ruled a creditor can win quickly on part of a debt while a genuinely disputed part must go to trial.
civil procedure judicial discretion evidence burden of proof contract law
Court of Appeal · Civil Appeal (Eldoret High Court Civil Case No 248 of 1975 decree execution) 16 January 1978 Kenya's Court of Appeal ruled that a court must decide who owns attached property even after it has been sold, protecting third parties from
civil procedure burden of proof statutory interpretation remedies
Court of Appeal · Not stated in judgment 12 January 1978 Kenya's Court of Appeal confirmed a conviction for stolen goods could rest on handwriting expert evidence alone, because no law requires tha
criminal law evidence criminal procedure burden of proof standard of proof
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