Varma Chambers

Varma Chambers

We are a leading law firm based in Port-Louis, Mauritius, offering legal representation and services, specialising in criminal and civil matters.

legalcheek.com

Don't assume landlords are always the villains in disputes with tenants - Legal Cheek

"In designing the mechanics to shape landlord and tenant law, the legislator fell victim to conventional thought that the stronger party is the proud owner of a mortgaged property. The end result: a powerful and unscrupulous tenant."

Are landlords always to blame in tenany disputes?

The linked article from the legal cheek gives an interesting scenario-based insight.

https://www.legalcheek.com/lc-journal-posts/dont-assume-landlords-are-always-the-villains-in-disputes-with-tenants/

legalcheek.com Housing disputes through the looking glass

[09/20/17]   REPUBLIC OF KENYA
IN THE SUPREME COURT OF KENYA AT NAIROBI
(Coram: Maraga, CJ & P, Mwilu, DCJ & V-P, Ojwang, Wanjala, Njoki S. Ndung’u and Lenaola, SCJJ)

ELECTION PETITION NO. 1 OF 2017


-BETWEEN-

1. RAILA AMOLO ODINGA …………….………………….….1ST PETITIONER
2. STEPHEN KALONZO MUSYOKA ……………………..…2ND PETITIONER

-AND-

1. INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION……………..….…………1ST RESPONDENT

2. CHAIRPERSON, INDEPENDENT ELECTORAL
AND BOUNDARIES COMMISSION……..…….……..2ND RESPONDENT

3. H.E UHURU MUIGAI KENYATTA……..……..……….3RD RESPONDENT

DETERMINATION OF PETITION WITHOUT REASONS (Pursuant to Rule 23(1) of the Supreme Court (Presidential Election Rules) 2017

[1] The hearing of this Petition was concluded on Tuesday, 29th August 2017 well after 9.00 p.m. The Judges thereafter retreated to deliberate on the following issues for determination as crafted by the court:
(i) Whether the 2017 Presidential Election was conducted in accordance with the principles laid down in the Constitution and the law relating to elections.
(ii) Whether there were irregularities and illegalities committed in the conduct of the 2017 Presidential Election.
(iii) If there were irregularities and illegalities, what was their impact, if any, on the integrity of the election?
(iv) What consequential orders, declarations and reliefs should this court grant, if any?
[2] Having carefully considered the above issues, the following is the majority decision of the court with two Judges (J.B Ojwang and N. S. Ndung’u SCJJ) dissenting):
(i) As to whether the 2017 Presidential Election was conducted in accordance with the principles laid down in the Constitution and the law relating to elections, upon considering inter alia Articles 10, 38, 81 and 86 of the Constitution as well as, Sections 39(1C), 44, 44A and 83 of the Elections Act, the decision of the court is that the 1st Respondent failed, neglected or refused to conduct the Presidential Election in a manner consistent with the dictates of the Constitution and inter alia the Elections Act, Chapter 7 of the Laws of Kenya.


(ii) As to whether there were irregularities and illegalities committed in the conduct of the 2017 Presidential Election, the court was satisfied that the 1st Respondent committed irregularities and illegalities inter alia, in the transmission of results, particulars and the substance of which will be given in the detailed and reasoned Judgment of the court. The court however found no evidence of misconduct on the part of the 3rd Respondent.
(iii) As to whether the irregularities and illegalities affected the integrity of the election, the court was satisfied that they did and thereby impugning the integrity of the entire Presidential Election.
[3] Consequent upon the above findings, and as to what orders, declarations and reliefs this court should grant, the following are the orders of the court pursuant to Article 140(2) and (3) of the Constitution and Rule 22 of the Supreme Court (Presidential Election) Rules:
(i) A declaration is hereby issued that the Presidential Election held on 8th August 2017 was not conducted in accordance with the Constitution and the applicable law rendering the declared result invalid, null and void;
(ii) A declaration is hereby issued that the 3rd Respondent was not validly declared as the President elect and that the declaration is invalid, null and void;
(iii) An order is hereby issued directing the 1st Respondent to organize and conduct a fresh Presidential Election in strict conformity with the Constitution and the applicable election laws within 60 days of this determination under Article 140(3) of the Constitution.
(iv) Regarding costs, each party shall bear its own costs.
[4] A detailed Judgment containing the reasons for this decision and the dissents will be issued within 21 days of this determination in conformity with Rule 23(1) of the Supreme Court (Presidential Elections) Rules, 2017 as it is otherwise impossible with the limited time the court has, to do so.
[5] It is so ordered.
DATED and DELIVERED at NAIROBI this 1st Day of September, 2017
………………………………………….. ……………………………………………
D. K. MARAGA P. M. MWILU
CHIEF JUSTICE & PRESIDENT DEPUTY CHIEF JUSTICE & VICE
OF THE SUPREME COURT PRESIDENT OF THE SUPREME COURT
…………………………………………. …………………………………………….
J. B. OJWANG S. C. WANJALA
JUSTICE OF THE SUPREME COURT JUSTICE OF THE SUPREME COURT
…………………………………………. ……………………………………………..
N. S. NDUNG’U I. LENAOLA
JUSTICE OF THE SUPREME COURT JUSTICE OF THE SUPREME COURT


Here with the Dissenting judgment:

SUMMARISED DISSENTING OPINION OF OJWANG, SCJ.

[1] It is not necessary in this summarized Judgment – which is to be followed by a fully detailed and reasoned decision on an occasion already signalled by the Chief Justice and President of the Court – to give the comprehensive facts, submissions and legal principles bearing upon the instant petition.
[2] The important petition, which seeks the annulment of Kenya’s Presidential election results emanating from the General Elections of 8th August, 2017, is focussed on a limited number of contentions: (a) that the said Presidential Election was not conducted in accordance with the relevant principles of the Constitution; (b) that the said Presidential Election was compromised by certain illegalities and irregularities; (c) that, consequently, the said General Election lacked integrity, and ought to be invalidated.
[3] Whereas the substance of the case founded on illegality and irregularity rests on the voting-results electronic transmission process, there is substantial information showing that, by law, the conduct of the election should have been mainly manual, and only partially electronic. Hardly any conclusive evidence has been adduced in this regard, which demonstrates such a manifestation of irregularity as to justify the invalidation of the election results.
[4] As regards the invocation of the Constitution as a basis for annulling the electoral process, only general attributions of impropriety have been made, and furthermore, without adherence to the prescription that the task of interpreting the Constitution with finality, rests with no one but the Courts – in this case, with this Supreme Court.
[5] Much of the evidence which the majority opinion adopts, is largely unascertained, apart from standing in contradiction to substantial, more credible evidence.
[6] In such a marginal state of merits in the case challenging the conduct of elections on 8th August, 2017, it is clear to me beyond peradventure, that there is not an iota of merit in invalidating the clear expression of the Kenyan people’s democratic will, which was recorded on 8th August, 2017.
[7] The procedural law for assuring the integrity of elections is abundantly set out in the Elections Act, 2011 (Act No. 11 of 2011), and in the Electoral Code of Conduct; and the relevant provisions were conscientiously applied by the Independent Electoral and Boundaries Commission, which fully provided for the role of international and local observers, as well as agents, in the conduct of the Presidential Election. The resulting electoral process had all the vital features of merit, as all the observers publicly acknowledge.
[8] To disregard such outstanding features of merit in the just-concluded elections, is to overlook the most basic democratic principles which safeguard the electors’ entitlement to choose their public office-holders.
[9] In summarized form, I hereby record, without equivocation, my dissent from the Judgment given by the numerical majority of the Supreme Court Bench. For my part, I would dismiss in its entirety the petition which came up before us, as it was devoid of requisite supporting evidence, just as it did not rest upon the pillars of the Constitution, the ordinary law, or the pertinent elements inherent in the configuration of a democratic election.
[10] In accordance with the terms of Section 26(2) of the Supreme Court Act, 2011 (Act No. 7 of 2011), I hereby reserve the detailed, reasoned edition of my opinion, to be delivered within the next 21 days.

DATE and DELIVERED at NAIROBI this 1st day of September, 2017.
………………………………………………
J.B. OJWANG
JUSTICE OF THE SUPREME COURT

www.thehindu.com

In a landmark case, the Supreme Court of India has explained that the right to individual privacy is an “intrinsic” and fundamental right under the country’s constitution, and that the “the refrain that the poor need no civil and political rights and are concerned only with economic well-being,” has been used to “wreak the most egregious violations of human rights.”

- JUSTICE K S PUTTASWAMY (RETD.), AND ANR. V/S UNION OF INDIA AND ORS.

Find the complete judgment below:

http://www.thehindu.com/news/national/article19551816.ece/BINARY/RightToPrivacyVerdict

thehindu.com

Shared Files - Acrobat.com

"The Election Commission of Pakistan shall issue a notification disqualifying respondent No. 1 Mian Muhammad Nawaz Sharif from being a Member of the Majlis-e-Shoora (Parliament) with immediate effect, whereafter he shall cease to be the Prime Minister of Pakistan;"

- Imran Ahmad Khan Niazi v/s Mian Muhammad Nawaz Sharif, Prime Minister of Pakistan / Member National Assembly

Find the complete judgment below:

https://files.acrobat.com/a/preview/cfc4f771-d603-4d43-a2e6-f26b638a1a3b

files.acrobat.com

Want your business to be the top-listed Law Practice in Port Louis?

Click here to claim your Sponsored Listing.

Telephone

Website

varmachambers.com

Address


Suite 703-704, Chancery House,Lislet Geoffroy Street
Port Louis

Opening Hours

Monday 09:00 - 16:00
Tuesday 09:00 - 16:00
Wednesday 09:00 - 16:00
Thursday 09:00 - 16:00
Friday 09:00 - 16:00
Other Port Louis law practices (show all)
Cloud  9 Avenue Cloud 9 Avenue
Pamplemousses
Port Louis, +230

We aim at providing you FASHIONABLE Clothes, Accessories and original stuffs (for men women children and baby ) at the best price

Consultancy point ltd Consultancy point ltd
2 Osman Avenue Quatre-bornes
Port Louis, 230

Consultancy Point Ltd has mainly been founded to promote education around the world!

Virahsawmy Chambers Virahsawmy Chambers
Level 7, Max City Building, Remy Ollier Street
Port Louis

Office of Melissa Virahsawmy, barrister

BC Executive-Legal training, news and updates BC Executive-Legal training, news and updates
2nd Floor, Chancery House, Lislet Geoffroy Street,
Port Louis

Knowledge is Power. BC Executive is a training company which has been set up in 2014 in Mauritius. Through its page, it aims to provide a platform for sharing of views and opinions on legal and financial matters worth discussing. Let's start

Goburdhun Chambers Goburdhun Chambers
Suite 3E, Level 3, Hennessy Court, Pope Hennessy St
Port Louis, 11328

We provide advisory and litigation services in criminal and civil matters. We have a wide range of practice areas as detailed on our website: https://www.goburdhunchambers.com/practice-areas

Kairos Consulting Ltd Kairos Consulting Ltd
Port Louis

Kαιrόs Consulting Ltd, a law firm registered under the Law Practitioners Act, offers legal services with a personal touch in Mauritius. Our team at Kαιrόs Consulting Ltd is here to assist you at every step so that you can focus on your priorities.

Llugel Legal Services Llugel Legal Services
Office 1, First Floor Le Dauphin Building 20 Poudriere Street Port-Louis
Port Louis

Legal forms and document preparation Divorce, Child support, Custody modifications, Small claims Right to lien, Release of liens, simple wills

Bheeroo Chambers Bheeroo Chambers
507, Chancery House, Lislet Geoffroy Street, Port Louis
Port Louis

A well established law firm dealing with individual, corporate clients, Government and NGOs. We specialise in Corporate, Commercial & International Trade. We also deal with Patent’s rights, Arbitration, Financial services & Offshore Business activities.

M. Joomratty Law Group - Mauritius - Immigration M. Joomratty Law Group - Mauritius - Immigration
Max Tower, 6th Floor, Jummah Mosque St.
Port Louis

M. Joomratty Law Group (previously GMS) is based in Mauritius representing the Law Office of Massood Joomratty, Canadian Immigration Lawyer.

Etude Philips Etude Philips
Suite 310, St James Court,
Port Louis

Legal/Law

5 St James Court 5 St James Court
5th Floor, St James Court, St Denis Street
Port Louis

5 St James Court