There was some question as to when Mr Doge joined the company. In this case there was a promise to do something in future when the occasion arose. Although the interest of the plaintiff is leasehold there is nothing in the Registration of Titles Act barring the defendant from obtaining title. Labour relations have improved considerably since Mr Doge left. There was an arrangement between them that one of the cottages was to be a gift to the son. When you talk of same parties estoppel only operates when the parties are the same as the parties in the original suit.
Hutchings Biemer had about 153 shareholders at the time of suspension, with its share trading at Sh20. The effect of estoppel is to bind a party and to prevent them from relying on certain facts and denying certain facts. By his conduct that other party had albeit unintentionally by his conduct led a third party to believe the owner had no title to the property. The fenced part has been marked by me, on Exhibit F as shown to me. This burden has not been discharged by the plaintiff.
An example of this kind of Estoppel is found in S. Mr Doge incurred considerable expenditure with the knowledge and acquiescence of the plaintiff acting through its managing director Mr Marks. Whether it be issue estoppel or course of action estoppel the requirement of estoppel by record are the same apart from the nuances that you go to stay a final judgment, same parties litigating in the same capacity and same issues. He developed the cattle dip, he said. In his letter of 5th June, 1986 Mr Kater is informing Mr Le Pelley that he made it clear to Mr Marks and Mr Doge on more than one occasion, that, although Mr Marks agreed to the occupation of Sassa house by Mr Doge, the legal disposal of the house and plot of land in his favour would require making application to the Commissioner of Lands for a proper survey, valuation and excision of that piece of land from the estate as whole before a legal transfer could be made. The evidence attempted to show he had resigned. Evidence of Mr David Harries does not take us very far.
Services include; mail and parcel deliveries, invoices and statements distributions, invitations, calendas, post office runs, etc. In the words of the Court Estoppel prevents a tenant from disputing a landlords title at the time of granting the lease not subsequently thereafter. Against this background I will revert to what has been otherwise said. With that I turn to the issue of the termination of services of the defendant. The Court of Appeal in arriving at the period of 18 months considered the fact that Knight was an experienced pilot and that the job of a pilot was a very specialized one. I would therefore answer, issued numbered 6,7, 8 and 9 in favour of the defendant as already discussed in this judgment.
You may use any one or more search criteria; search using whatever information you have. The Acceptor is the financial institution and the drawer is the person that writes out the bill of exchange or other negotiable instrument. Building 3rd Floor, Nkrumah Road. Dom the court felt that Estopel could be viewed as substantive rule of law. In this case a lorry was bought on hire purchase terms. If so it could be said that the defendant has no right to continuous occupation of land and he must vacate, his right to stay there having come to an end.
Equity will not allow the plaintiff to chase away the defendant. So you can have estoppel as a rule of procedure or as substantive law. The estoppel operates only as estoppel on matters that were covered in the pleadings so you could still bring other matters. Considering all the circumstances I hold that reasonable notice in this instance should have been twelve months. Looking at the totality of evidence I am bound to find as I have found. He is not talking of any finalization between the plaintiff and the defendant.
It is an issue of great importance. In this instances there is a promise to do something in future when the occasion arose. Mr Kater, in answer to interrogatories Exhibit 13 has stated that Mr Doge occupied the house in 1974. But note that it should have been the same parties. I would assume that the minute book of the Company is silent on this as Mr Silvester says.
In many instances the Act has been used by unscrupulous venders as an instrument of fraud and the Act has not, in many instances issued the purpose it had originally intended to. With the alleged existence of these minutes it would have been the simplest of the matters for the plaintiff simply to plead voluntary resignation by Mr Doge. Mr Doge is therefore entitled to 12 months emoluments. However the divorce court has the right and indeed the duty in a proper case to reopen the issue or to allow either party to reopen it despite the objection of the other party. He Mr Kater also talks of, in paragraph 8 of Exhibit 12 of an oral agreement if any being subject to a proper legal settlement being finalized with The Government underlining mine.
Our courts have held time and again that equity does not help the purchaser in softening the effects of this Act. There is no need to put an obvious question when full crossexamination tends to discredit a witness. I therefore must direct my mind to the law on this issue. To enable him to sell his land in two parts, the plaintiff sought from the defendant a second access point and he also wanted a further right of way from point B. Furniture retailer Hutchings Biemer and investment and trading firm A Baumann have finally been delisted from the Nairobi bourse. All these have implications for the status of persons or things.
But most people do consider selling at one time or another. He mixed up all his dates. Mr Doge was holding a very high post. Course of Action Estoppel is based on the notion that a course of action is dealt with on a judgment and so parties to the action will be prevented from asserting or denying as against what was found so if a particular course of action was found to exist or not to exist, the same parties will not be allowed to revisit the same issue. Considering all the facts surrounding this draft Exhibit 8 keeping in mind the pleadings, the way the cross-examination of Mr Doge proceeded, the fact that those minutes were not produced earlier, I am minded not to accept the same as a correct record of what may have transpired.