Case law
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Division and case type: CivilCivil Appeal
…I do not know why there was non-compliance with the rules. Mistake or accident or inadvertence which may provide a basis for an extension are not relied upon.…
…In my judgment, once there is non-compliance the burden is on the party seeking indulgence to satisfy the court why the discretion should nevertheless be exercised in his favour.…
Division and case type: CivilCivil Appeal
…not been certied as a matter of general public importance in the terms of Article 163(4) (b) of the Constitution; (c). the application is fatally defective, as no leave was sought as contemplated under Section 15, and in compliance…
…We have taken into account the weighty submissions made for the respondents, regarding the essential principle of compliance with Orders issuing from a Court of law, just as we have closely adverted to the applicants’ case…
Division and case type: CivilCivil Appeal
…The court must so act particularly in a case where the appeal is incompetent as the present appeal is, in our opinion, by virtue even alone because of non-compliance with the requirements of rule 76(1).…
…In fact, all these arguments have been advanced, we think in awareness of several decisions of the court to the contrary, to induce us to accept that careful compliance with the rules of court is a formality and a technicality…
Division and case type: CivilCivil Appeal
…In compliance with the provisions of section 6 of the Act, the appellant after entry of appearance and without being required to file its defence, properly obtained by consent, stay of proceedings of the suit filed by the…
…It must also not be forgotten that in compliance with the provisions of section 6 of the Act, stay had been ordered before the appellant filed its defence, and it would be unreasonable to fix a hearing date without even giving…
Division and case type: CivilCivil Appeal
…On February 5, 1987, he lodged a Record of Appeal in apparent compliance with rules 81 and 85 (1) of the Court of Appeal Rules. The record contains a five-page ruling of the court.…
Division and case type: CivilCivil Appeal
…On February 5, 1987, he lodged a Record of Appeal in apparent compliance with rules 81 and 85 (1) of the Court of Appeal Rules. The record contains a five-page ruling of the court.…
Division and case type: CivilCivil Appeal
…Mr Alibhai submitted that there was complete compliance with the section. We consider that the two grounds of appeal reproduced above adequately embrace the issue of law raised on section 74 by Mr Kariuki.…
Division and case type: CivilCivil Appeal
…It is certainly not in compliance with the provisions of the law. However, if this was the only problem, this court can rewrite the judgment (See Section 78 of the Civil Procedure Act).…
Division and case type: CivilCivil Appeal
…In a partial compliance with the first part of the order the applicants had been paid salaries for 3 months of April, May and June, 1993.…
…Apart from this non-compliance with an elementary but mandatory procedural rule which in contempt proceedings has prescribed “personal service”, Mr Lakha pointed out other flaws to which we will now turn our attention.…
Division and case type: CivilCivil Appeal
…As the order of Muli J.A was not capable of compliance and as there was a genuine error on part of Mrs. Rawal, and as (I do believe) a counsel could well so genuinely err, I consider that the error was excusable.…
Division and case type: CivilCivil Appeal
…Auctioneers fees to be assessed by the Court. 4) Costs of this application to be borne by the applicant (meaning defendants) – emphasis is mine. 5) These orders to be served upon Truckers Auctioneers for compliance.…
…Civil Appeal No 45 of 1980), the court stated that: “Thus in compliance with order IX B rule 1(1) where a defendant has appeared, he must be given reasonable notice of a formal proof in order that he may have an opportunity…
Division and case type: CivilCivil Appeal
…length of any delay, the explanation for the delay, the prejudice of the delay to the other party, the merits of the appeal (without holding a mini-appeal) the effect of the delay on public administration, the importance of compliance…
…to ignore time limits since an importance feature in deciding what justice requires was to bear in mind that time limits were there to be observed and justice might be seriously defeated if there was laxity in respect of compliance…
Division and case type: CivilCivil Appeal
…On the question of malice Mrs Madahana, state counsel, on behalf of the respondent very properly raised the issue of non-compliance with order 6 rule 6 A (3) of the Civil Procedure Rules which has prescribed that where a…
Division and case type: CivilCivil Appeal
…Section 10 (2) (a) of the Act does not indicate what kind of notice is required in compliance thereof.…
Division and case type: CivilCivil Appeal
…The advocates followed up with another letter dated 31st January 2011 demanding that closure of the account and demanding compliance with the letter of 19th November 2010.…
Division and case type: CivilCivil Appeal
…The compliance with the rules of natural justice is emphasised in Halsbury’s Laws of England, Third Edition Volume II para 122 at page 65 that: “An order of prohibition may be granted to restrain, and an order of certiorari…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…Concerning the grounds alleging that the charge sheet was defective and that there was no complainant or compliance with the section 214 of the Criminal Procedure Code, following a timely intervention by the Court to have…
Division and case type: CivilCivil Appeal
…Mr Juma conceded this and in any case the appellant did not allege that the cause of non-compliance with this Act was due to any disability within the meaning of section 5 thereof.…
Division and case type: CivilCivil Appeal
…Principally, these grounds concern themselves with the legal eect of the power of attorney in view of its non-registration either under the Registration of Documents Act, cap 285 of the Laws of Kenya or in compliance with…
…They were enjoined in ensuring compliance thereof. As concerns the verication of the power of attorney, they both overlooked it or did not appreciate its importance to the agreement.…
Division and case type: CivilCivil Appeal
…THAT in partial compliance with such order, the Respondent released to the Applicant all the Applicant’s sugar cargo that it had withheld and detained at customs freight stations namely Mitechl Cotts (K) Limited, Frieght…
…It was the duty of KRA to monitor compliance and to collect revenue due to the exchequer under sections 27, 124 and 127 of the Act. · There was a lawful and proper exercise of discretion by KRA in allowing advance entry of…