Case law
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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
…I have read the notes of proceedings before the Court including judgments of the three Hon. Judges of a Appeal, and considered the general conduct of the matter before the Court.…
Division and case type: CivilCivil Appeal
…Gideon Gitau Ndatha (the appellant) filed proceedings against Rosaline Mary Osborn (the respondent) to recover damages for personal injuries alleged to have been sustained in a collision involving the appellant and a vehicle…
Division and case type: CivilCivil Appeal
…Although a defence was filed denying liability no defence witnesses were available on the date of hearing and the learned Judge embarked on proceedings in which the only oral testimony was that of the plaintiff/Appellant,…
…I would order the Respondent to pay the costs of this appeal and of the proceedings in the High Court on the High Court scale. As the other members of this Court agree it is so ordered. Gachuhi JA.…
Division and case type: CivilCivil Appeal
…What the appellants stated in their claim presented by Noah’s evidence in the proceedings before the committee and produced as Exhibits marked D9 is this: “I claim from Ainea my father’s piece of land, simply because he has…
…On these facts, it seems, whatever may have been the original nature of the title acquired by the parties, since the dispute of 1947, 1958 and their settlements and the Land Adjudication proceedings of 1967 which resulted…
Division and case type: CivilCivil Appeal
…The record of the proceedings shows that the learned judge was not unaware of the above guidelines and did indeed apply the principles enunciated therein in the determination of the application presented before him.…
Division and case type: CivilCivil Appeal
…The record of the proceedings shows that the learned judge was not unaware of the above guidelines and did indeed apply the principles enunciated therein in the determination of the application presented before him.…
Division and case type: CivilCivil Appeal
…Mr Rice then brought interpleader proceedings (Misc Civil Case No 169 of 1980) in order to ascertain to whom he should pay rent.…
…An interlocutory injunction deals only with the probable success of the Plaintiff, and therefore is not a matter which is judicata, outside those particular interlocutory proceedings.…
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…
Division and case type: CivilCivil Appeal
…but it would seem appropriate particularly if evidence has to be led for the issues between the parties to be decided in the present suit, rather than that the Appellants should be put to the express of bringing separate proceedings…
…I would award the costs of the appeal and of the proceedings consequent on the Notice of Motion in the High Court to the Appellants in any event.…
Division and case type: CivilCivil Appeal
…I have read the notes of proceedings before the Court including judgments of the three Hon. Judges of a Appeal, and considered the general conduct of the matter before the Court.…
Division and case type: CivilCivil Appeal
…Finally counsel submitted that the learned judge ought to have taken into account the conduct of the respondent before and during the proceedings as an aggravating factor in making an award of damages.…
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
…The record of proceedings so far, show that with respect to the interjection of the objection.…
Division and case type: CivilCivil Appeal
…Both parties were or are domiciled in Kenya and there had been no previous proceedings in any court with reference to the said marriage.…
…On page 32 of the proceedings she explained exactly what happened. She told the lower court that she had wanted Daniel to be independent on his own, but he was not.…
Division and case type: CivilCivil Appeal
…Although through it stated that it would at the appropriate time institute third party proceedings against the County Government, the Respondent never did so. 6.…
…With regards to the Respondent’s averments that the County Government of Nairobi contributed entirely or substantially to the negligence, we nd that no third-party proceedings were ever instituted against the County Government…
Division and case type: CivilCivil Appeal
…There was no order by which the two matters were consolidated and so far as we can tell, the record for the miscellaneous matter was not placed before the Judge as it does not form part of the record of proceedings on which…
Division and case type: CivilCivil Appeal
…It appears from the proceedings that on December 23, 1985 the respondent applied for judgment in default of the appellant entering an appearance or filing a defence.…
…But an affidavit of the process server is admissible in evidence and in the absence of contest it would normally be considered sufficient evidence of the regularity of the proceedings.…
Division and case type: CivilCivil Appeal
…The First respondent led a notice of appeal and applied for the proceedings in order to le the intended appeal. The second respondent did nothing on the decision. 4.…
…, although it was duly stamped after the institution of proceedings.…
Division and case type: CivilCivil Appeal
…From this point, the record shows, the meeting degenerated into a bedlam making it impossible for the Town Clerk to make a record of the proceedings.…
…The types of reliefs available in judicial review proceedings are certiorari, prohibition, mandamus, claims for a declaration or injunction and for damages.…