Case law
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Division and case type: CivilCivil Case
…They therefore became invalid and detention orders made became null and void ab initio. Mr. Murungi relied on passages in Erskine May’s Parliamentary Practice (19th Edition).…
Division and case type: CivilCivil Case
…and void for all purposes and that the costs of this application be provided for.…
…That having taken place it is the contention of the plaintiffs that the sale was null and void and a declaration to that effect is sought.…
Division and case type: CivilCivil Case
…If, which is denied, the defendants’ undated Operators Licence is deemed to have come into operation on 1st June, 1995, the purported termination of it is null and void and the plaintiffs’ are entitled to run the station.…
…The orders sought in the plaint are: (a) a declaration that the purported termination of the licence dated 1st May 1988 is null and void.…
Division and case type: Milimani Commercial CourtsCivil Case
…Thus it was submitted the contract of lending was illegal null and void and the court cannot enforce it. 7.…
…The issues for determination in this counterclaim as I see them, is whether the defendant is entitled to the sum claimed in the counter claim; or whether the contract of lending is null and void in view of the provisions…
Division and case type: CivilCivil Case
…In the second suit, brought by an originating summons, the plaintiffs are seeking the following orders:- (a) a declaration that proceedings in the first suit were null and void:; (b) directions as to the ascertainment of…
…In the instant case the plaintiffs’ main relief is for a declaration that the first suit is null and void.…
Division and case type: CivilCivil Case
…In default of No.1 above the judgement and the proceedings herein shall become null and void and the plaintiff shall be obligated to refund the amount paid to them by the defendant immediately upon default.…
Division and case type: CivilCivil Case
…been elected to represent the workers in the industry were unlikely to attend the meeting which would be to the detriment of the workers and sought a declaration that the meeting scheduled for 20th August, 1988 would be null…
…and void.…
Division and case type: CivilCivil Appeal
…By his principal submission, he contends that by virtue of Order 5 rules 9 and 12 of the Rules, there was no valid service of summons to enter appearance and that therefore the proceedings ex-parte were null and void ab initio…
…Accordingly in my view there was no valid service of the summons to enter appearance and therefore the proceedings exparte must be rendered null and void ab initio.…
Division and case type: CivilCivil Appeal
…In the plaint dated 2nd December, 1997, the respondent averred, firstly, that the notification of sale was invalid, and; secondly, that the mortgage created over the property was null and void and also invalid.…
Division and case type: CivilCivil Appeal
…and void.…
…and void.…
Division and case type: CivilCivil Appeal
…(a) On the plaint brought by the Society, the claim for damages was dismissed; (b) The order in 1978 of the Business Premises Rent Tribunal, that the Society pay Kshs. 20,000 as damages to the respondent was declared null…
…and void; and the sum of Kshs. 20,000 was to be paid into the High Court, and thereafter to be paid over to the defendant/respondent Green Hotel; (c)The order of the Tribunal dated October 5, 1976 which purported to give…
Division and case type: CivilCivil Appeal
…That the cancellation of the 1st defendant on 22nd December, 1986 in the Land Register of parcel number Chembe/Kibabamushe/427 and the registration of the Government of Kenya by the Land Registrar, Kilifi be declared to be null…
…and void. 4.…
Division and case type: CivilCivil Appeal
…As it does not, the appeal must be allowed, as the agreement for sale became null and void.…
…It was not a matter which could be allowed to go to arbitration since the arbitrators cannot declare the contract valid which a statute of Parliament has declared to be null and void. 11.…
Division and case type: CivilCivil Case
…the 1st defendant has brought the present application dated 30th January, 2009 for orders that the originating summons be struck out for the reasons that: i) the claim is statute barred; ii) the agreement in question is null…
…and void for lack of Land control Board consent iii) the plaintiff is guilty of laches and; iv) the suit property is no longer in the hands of the 1st defendant.…
Division and case type: CivilCivil Appeal
…The letter of Consent is null and void and the whole transaction is a nullity due to failure of obtaining the Land Board Consent within the stipulated period according to law.…
Division and case type: CivilCivil Case
…Kilift/Mtwapa/40 is null and void; (b) that the plaintiff is entitled to 6 acres of plot No.…
Division and case type: CivilCivil Case
…The plaintiffs therefore sought the following reliefs: a declaration that the resolution of the Governing Council terminating their membership of the Chamber is null and void; an injunction restraining the Chamber from acting…
Division and case type: Environment and LandCivil Appeal
…Temu, SPM Nyando was without jurisdiction and was null and void. 30. Accordingly, the entire proceedings, Ruling and Certicate of Taxation all emanating from Nyando SPM Misc.…
Division and case type: CivilCivil Case
…And if any proceedings exist pursuant to the provisions of the said chapter 301 of the Laws of Kenya then the same are null and void and inconsistent with written law.”…
Division and case type: CivilCivil Appeal
…of trespass had to be heard by elders, that because the sale agreement was not signed by Samson Luwayi, the appellants were sued before the magistrate as trespassers who had partly performed under a contract which became null…
…and void as a result of which the appellants became trespassers with John Onyango as a trespasser ab initio.…