What is the place of Preliminary Objections on lack of jurisdiction by the Court “The Lillian ‘S’ case establishes that jurisdiction flows from the law, and the recipient-Court is to apply the same, with any limitations embodied therein. Such a Court may not arrogate...
“In my view, where it is alleged that as a result of the failure by a state organ to carry out its statutory mandate, a person’s rights are threatened with violation or have been violated, the matter transcends the contractual arena and enters the constitutional...
“A presumption that a director is an employee must not be made in absentia of the Contract of Service on the engagement terms of the director as an employee of the Company.” – Justice D.K. Musinga, A.K. Murgor & Dr. K.I. Laibuta in Rift Valley Water Services...
“One problem we face in policy making is the danger of having technology develop faster than the legal and regulatory system can react, potentially risking safety as well as efficient development and testing” – Anonymous Introduction and Background According to...
Introduction On 25th January 2022, Mativo J, proceeded to deliver a ruling in what has been protracted litigation between a defaulting borrower, a guarantor and a financier seek to exercise their statutory power of sale. The borrower Juja Coffee Exporters Ltd, to whom...
