INTRODUCTION The three (3) wise Judges of the Court of Appeal have made a cardinal observation that indeed human beings have for centuries exploited the enormous resources that are found in the sea better referred to as the Heart of Planet Earth which include, inter...
“…once an individual or entity acquires any unalienated government land, or other land for that matter, consequent upon registration of title, in accordance with the provisions of the applicable law, such land transmutes from public to private land…such land is...
“An auctioneer cannot conduct a public auction as if it is a private auction. Primarily, the sanctity of auctions must be observed at all times.” (paraphrased) – Justice E.K.O Ogolla in Maina Wanjigi & another v Bank of Africa Kenya Ltd & 2 others [2015]...
Justices Nduma Nderi, Hellen Wasilwa and Monica Mbaru in Kenya Tea Growers Association and 8 Others v The National Social Security Fund Board of Trustees and Others, Petition No. 38 Of 2014 (Consolidated with Petition 34,35, 49 And 50 Of 2014)“156. For members who are...
“From the foregoing, the Court of Appeal was alive to the fact that the rule was concerned with public interest. In my view, the rule was introduced in our Laws to tame the appetite of Lenders who had made recovery of interest on advances a cash cow. Simply put, the...
