Case law
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Division and case type: CivilCivil Appeal
…It is further submitted that dismissal for want of prosecution is not available since directions have not been taken.…
…I reiterate that an application based on the first ground will be granted if one condition is satisfied, namely, three months have elapsed after the giving of directions.…
Division and case type: CivilCivil Appeal
…Directions were due to be given in the suit on August 24, 1979. The consequence was Mr Macharia who was for Nduhiu, did not attend the court for the mention.…
…Directions under Order 51 Civil Procedure Rules having not been given or dispensed with the hearing should not have taken place; 3. Mr Justice J S Patel had failed to exercise his discretion judicially.…
Division and case type: CivilCivil Appeal
…Considering the filing of an amended Memorandum of Appeal, according to 0.41 r.1B, a party may amend the Memorandum of Appeal at any time without the leave of court before the court gives directions under 0.41 r.8B - i.e.…
…the appeal being listed before a Judge in Chambers to give directions.…
Division and case type: CivilCivil Appeal
…Under rule 17(1) of the Rules, there being no directions given by this court as to the mode of service, personal service in the present instance must be effected by serving the Notice of Appeal on a director, manager or secretary…
Division and case type: CriminalCriminal Appeal
…The result was that the evidence of identification was highly suspect, proceeding from misdirection’s and non directions, so that not only could the first appellate Court not dismiss the first appeal summarily, the trial…
Division and case type: CivilCivil Appeal
…In any event, there was before the superior court a pending application which sought directions of the Court and if that Court thought that amendments to the appellants’ Originating Summons were necessary to ensure that the…
…same was properly before it, directions in that regard ought to have been given.…
Division and case type: CivilCivil Appeal
…I have caused proceedings in the file and those ofthe related files to be typed for Your Lordship'sperusal and directions please.…
Division and case type: CivilCivil Appeal
…There is today before me, the mention of Appeal No 31 of 1987 for directions as to the hearing of the same. It is necessary for me to recapitulate the courts’ history of the litigation involved.…
Division and case type: CriminalCriminal Appeal
…They testified that the said men ran away in different directions seeing them but they pursued one of them who is the appellant and arrested him.…
Division and case type: CivilCivil Appeal
…It is clear that directions should have been given on the trial of issues arising from the affidavits, and Mr Kiamba would not have been rushed into this foolhardy statements, which did not tally with this client’s affidavit…
…However that may be, the proper course was to give directions as to the trial of the issues, and as to whether rule 10 should be applied, turning the originating summons into a suit.…
Division and case type: CivilCivil Appeal
…Thirdly, Mr Sampson had failed to give directions as to what should be done with monies deducted from the basic salary which the Defendant Corporation should not retain for its own benefit.…
Division and case type: CivilCivil Appeal
…On 2nd April, 2004, over 9 years later, the applicant filed an application by notice of motion under Section 3A Civil Procedure Act for directions regarding the hearing of the appeal and for an order that the appeal be heard…
Division and case type: CivilCivil Appeal
…Kerugoya Consolidated Petition No. 3 of 2014, together with all incidental processes pursuant to the Judgement and Orders made by the Court of Appeal at Nyeri in Appeal No. 24 of 2014 on 30th September, 2014; (iii) issue directions…
…three-Judge Bench of the High Court was still seized of the matter, as it has convicted the applicants, and was only waiting to sentence them when they sought stay at the Court of Appeal, whichattempt was dismissed, and directions…
Division and case type: CivilCivil Appeal
…On the 29th day of December, 1995 the plaintiff filed a 15 page plaint against the defendant claiming the following reliefs: "(a) Declarations in terms of paragraph 13 `above' and directions and judgment for loss and for…
Division and case type: CriminalCriminal Appeal
…He did not go back to the Mills’s union workers for directions. It was money and he could not at first return it. He paid the equivalent into court but not the same money. He had fraudulently converted it.…
Division and case type: CriminalCriminal Appeal
…Then PW1 saw an old man separate the two and they ran in different directions. An Asian national at house No. 287 at Ushirika Estate allowed the deceased into his compound.…
Division and case type: CivilCivil Appeal
…originating summons were being considered: 'Such procedure is primarily designed for the summary and 'Ad hoc' determination of points of law or construction or of certain questions of fact, or for the obtaining of specific directions…
Division and case type: CivilCivil Appeal
…to all suits shall be in the discretion of the court or judge and the court or judge shall have full power to determine by whom and out of what property and to what extent costs are to be paid, and to give all necessary directions…
Division and case type: CivilCivil Appeal
…other disability to practice. (3) Where a member dies testate, the administrator or administrators shall deal with his firm as may be stated in his will; but in case of intestacy, the Council of the Society shall give such directions…
Division and case type: CivilCivil Appeal
…was probably what the respondent’s advocates were waiting for, for they lost no time in informing the appellant’s advocates that they intended as a result of Mr Mwarania’s letter, to apply to the High Court for further directions…