Case law
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Division and case type: CivilCivil Appeal
…Order 75, (the Order), the Supreme Court Practice, 1988 of England had provided for admiralty proceedings.…
…Where a court had no jurisdiction, there would be no basis for a continuation of proceedings pending other evidence.…
Division and case type: CivilCivil Appeal
…I am told that the applicant's counsel, in those circumstances, took it to mean that the applicant had 60 days to file the record of appeal from the date the applicant's counsel received copies of proceedings and ruling which…
…As the copies of proceedings and ruling were applied for on 17th March, 1997 (Ruling of Mbito, J having been delivered on 22nd day of February, 1997) the applicant had the benefit of the proviso to rule 81(1) of the Rules…
Division and case type: CivilCivil Appeal
…The applicant has therefore moved the court very expeditiously and the error or misreading or misconstruing the effect of Rule 81, as regards time which had already run, before the copies of the proceedings and judgment were…
Division and case type: CivilCivil Appeal
…The plaintiff declined and proceeded to apply to the Registrar to register a caveat, whose extension he required to enable him to institute court proceedings and finalise the intended suit for specific performance.…
…For these reasons, I am unable to agree with the conclusions of the High Court and I, therefore, would allow the appeal with costs and costs of the High Court proceedings and order that the order dated December 20, 1988 be…
Division and case type: CivilCivil Appeal
…filed its grounds of opposition and took out a motion on notice under sections 3A, 6 and 7 of the Civil Procedure Act and Order VI rule 13 (1)(a) and (d) of the Civil Procedure Rules for, inter alia, an order of (a) stay of proceedings…
…I, p. 124 was approved: "Prima facie , any order made in the presence and with consent of counsel is binding on all parties to the proceedings or action, and on those claiming under them... and cannot be varied or discharged…
Division and case type: CivilCivil Appeal
…The appellant then brought proceedings in the High Court seeking an order for the removal of the caution. The respondent delivered a defence in which she averred that she was legally entitled to maintain the caution.…
Division and case type: CivilCivil Appeal
…April 1998 which was withdrawn and replaced with one dated 29th January 1999 sought this court's orders to set aside the said award on the grounds Mr, Kilonzi argued that the arbitrators had misconducted themselves in the proceedings…
…Mr, Kilonzi had taken the point that listening to the Kitui Moslem Youth and at Nairobi included a stranger to the proceedings and also deprived his clients of an opportunity to hear and possibly respond to the views of those…
Division and case type: CivilCivil Appeal
…between the petitioner and respondent be dissolved; (b) The petitioner be granted custody care and control of the minor children of the marriage and (c) The respondent be condemned to pay costs of this suit and incidentals to proceedings…
Division and case type: CivilCivil Appeal
…lessee a notice specifying the rent in arrear, or the covenant or condition broken, or the unlawful possession, as the case may be, and the council may, at any time after thirty days from the service of the land notice bring proceedings…
…section, the court shall, subject to any relief which it may consider it just to grant, declare, the lease forfeited (if it is still subsisting), and make an order for the payment of the arrears of rent and the costs of the proceedings…
Division and case type: CivilCivil Appeal
…The applicant has therefore moved the court very expeditiously and the error or misreading or misconstruing the effect of Rule 81, as regards time which had already run, before the copies of the proceedings and judgment were…
Division and case type: CivilCivil Appeal
…Costs is the soothing balm which cures most procedural grievances in legal proceedings.…
Division and case type: CivilCivil Appeal
…The record of the proceedings taken by the judge who tried the respondent’s application was cryptic and therefore of little assistance to this Court.…
…Indeed, throughout the proceedings before him, scantiness was his greatest handicap. The appellant’s complaint in this ground is not therefore without good reason.…
Division and case type: CivilCivil Appeal
…allow Diamond Trust reasonable time to prove that it was the owner of the vehicle; or else the court broker for failing to give adequate notice of the auction which would have enabled Diamond Trust to institute objection proceedings…
Division and case type: CivilCivil Appeal
…No 56 of 1986 dated 30th March 1986) The six-month limitation period for applying for leave to seek an order of certiorari under the Law Reform Act is mandatory The application concerned leave to commence judicial review proceedings…
Division and case type: CivilCivil Appeal
…It is not clear what part Ogowe played in these proceedings for review. The record does not show that he took any part.…
Division and case type: CivilCivil Appeal
…applicable in this case and it states as follows; All legal charges including valuation, stamp duties or other fees, costs and expenses incurred by the lender in connection with this facilities or in connection with any proceedings…
…Only PW 2, who was not a party to these proceedings, could agitate such a claim as the registered proprietor of the suit property.…
Division and case type: CivilCivil Appeal
…Claimants who appear in person in the negotiating table would regard the proceedings even more seriously.…
…A claimant in that position would reasonably feel that by negotiating with him, the Attorney-General had invited him to delay court proceedings and that he would not be prejudiced by the delay.…
Division and case type: CivilCivil Appeal
…There can be no doubt, that generally an advocate is 'authorized to act as his client's agent in all matters not falling within an exception which may reasonably be expected to arise for decision in the course of the proceedings…
Division and case type: CivilCivil Appeal
…But a Notice of Appointment of Advocates is generally filed by advocates to enable them to conduct interlocutory proceedings on behalf of their client(s) prior to service of summons.…
…We were informed that the superior court has granted an order for stay of execution or further proceedings pending the hearing and determination of this appeal on condition that two cement manufacturing companies earlier…
Division and case type: CivilCivil Appeal
…Mr Oraro said he had a simple legal answer to the objections of Mr Ombaka and he referred to Orders VI rule 13 (1) of the Civil Procedure Rules which reads: “At any stage of the proceedings the court may order to be struck…
…If a layman wanted to file a suit and he was enabled to look at the three Civil Procedure Rules commencing under the marginal note, institution of suit and issue of proceedings namely Order IV rule 1 and, rule 3(3) he would…