Case law
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Division and case type: Constitutional and Human RightsElection Petition
…Although dealing with service under rule 15, the Court was emphatic that there being no personal service and the advertisement in the gazette being out of time, the proceedings were a nullity.…
…Failure to serve within the stipulated 10 days renders any consequential proceedings a nullity. In our view the subrule is complete and positively states what to be done by who, on who and in which time span.…
Division and case type: Constitutional and Human RightsElection Petition
…That on expiry of the 28 days before service, the petition ceased to be of any efficacy and thus became a nullity thereafter.…
…The Court was told that after 28 days in fact the petition itself became invalid and therefore a nullity that even serving it by any mode could not breathe life in it. That it could all be a futile exercise.…
Division and case type: CivilCivil Appeal
…It was up to court, when it was pointed out in an application for review that judgment was entered against some defendants without being heard, to hold that the whole arbitration proceedings were a nullity in the interest…
…The point here is not of fresh evidence but the point of law which underlie the proceedings the effect of which render the proceedings a nullity.…
Division and case type: CivilCivil Appeal
…It therefore is apparent that the extension of time granted by Platt J. was a nullity. Any steps taken thereafter are therefore of no consequence. But the orders of Platt J. were not challenged on appeal.…
Division and case type: CivilCivil Appeal
…The trial court did not restate the evidence and Counsel therefore invited this court to find this judgment by the lower court is a nullity.…
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 Appeal
…The second Chamber Summons dated 13th November, 1995 prayed that all proceedings, judgement and orders in P.M.C.C.No. 303/95 be declared a nullity for the reasons that Mrs. Nzei deponed to in her supporting affidavit.…
Division and case type: Constitutional and Human RightsElection Petition
…It follows from this that the petition was not served in accordance with the law and is therefore a nullity. Accordingly it must be struck out.…
Division and case type: CivilCivil Appeal
…The appellant wishing to resile from the agreement of sale alleges that the Land Board Consent obtained for the sub-division and sale is a nullity since it was granted outside the period of three months allowed under section…
Division and case type: CivilCivil Appeal
…This latter order still stands and the hearing of the suit by Kuloba, J was a nullity and of no effect.…
Division and case type: CivilCivil Appeal
…Kanseen (1943) 1K.B. 256 which decision seems to turn on to the issue as to whether or not an order which is a nullity can be set aside ex debito justiciae.…
Division and case type: CivilCivil Appeal
…The petition was dismissed because of an omission to stamp the power of attorney prior to the presentation of the petition which omission the Court said had rendered the proceedings purported to be instituted under it a nullity…