Case law
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Division and case type: High Court CivilCivil Appeal
…Civil proceedings for or against the National Government for example are done through the Attorney General as stipulated under Section 12 (1) of Government Proceedings Act. …
…On whether sections 13 and 21 of Government proceedings Act and Order 10 of the Civil procedure Rules are applicable to the appellant.…
Division and case type: High Court CivilCivil Appeal
…Civil proceedings for or against the National Government for example are done through the Attorney General as stipulated under Section 12 (1) of Government Proceedings Act. …
…On whether sections 13 and 21 of Government proceedings Act and Order 10 of the Civil procedure Rules are applicable to the appellant.…
Division and case type: High Court CivilCivil Appeal
…involving the government.…
…According to the Applicant, the trial Magistrate erred in allowing and issuing warrants of attachment against its movable property contrary to the provisions of Section 21 of the Government Proceedings Act.…
Division and case type: High Court CivilCivil Appeal
…Proceedings Act [Cap. 40 — Laws of Kenya].…
…Proceedings Act.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Proceedings Act (Cap 40), in favour of the Applicant, Daniel Kiprugut Kipyegon, arising from the judgment and decree in HCJR 146 of 2019, Danie/ Kiprugut Kipyegon v.…
…It is his case that the Attorney General's Office has advised him that payment cannot be processed without a Certificate of Order for Payment against the Government, as required under Section 21 of the Government Proceedings…
Division and case type: High Court CivilCivil Appeal
…The Applicants further aver that the attached properties are wholly owned by the Government, and that the execution process violated Section 21 of the Government Proceedings Act and Order 29 Rule 2(2)(b) of the Civil Procedure…
…The Respondent further argues that Kisii National Polytechnic is not Government, but a body corporate and a parastatal, capable of owning property and being sued, and that Section 21 of the Government Proceedings Act does…
Division and case type: High Court CivilCivil Appeal
…The Appellant’s case is that the impugned ruling contravenes the provisions of Section 21 of the Government Proceedings Act, Cap. 40 (GPA) and Order 29 Rule 2 of the Civil Procedure Rules (CPR) which prohibit execution by…
…I have carefully considered the Record of Appeal and the parties’ rival submissions, I find that the following issues arise for my determination: - Whether Section 21 of the Government Proceedings Act and Order 29 Rule 2…
Division and case type: High Court CivilCivil Appeal
…The Appellant’s case is that the impugned ruling contravenes the provisions of Section 21 of the Government Proceedings Act, Cap. 40 (GPA) and Order 29 Rule 2 of the Civil Procedure Rules (CPR) which prohibit execution by…
…I have carefully considered the Record of Appeal and the parties’ rival submissions, I find that the following issues arise for my determination: - Whether Section 21 of the Government Proceedings Act and Order 29 Rule 2…
Division and case type: High Court CivilCivil Appeal
…The Appellant’s case is that the impugned ruling contravenes the provisions of Section 21 of the Government Proceedings Act, Cap. 40 (GPA) and Order 29 Rule 2 of the Civil Procedure Rules (CPR) which prohibit execution by…
…I have carefully considered the Record of Appeal and the parties’ rival submissions, I find that the following issues arise for my determination: - Whether Section 21 of the Government Proceedings Act and Order 29 Rule 2…
Division and case type: High Court CivilCivil Appeal
…He submits that the respondent should have sought execution in accordance with the Government Proceedings Act, Cap 40, Laws of Kenya.…
…The Government Proceedings Act, Cap 40, Laws of Kenya, has been cited.…
Division and case type: High Court CivilCivil Appeal
…County Government Official Motor Vehicles in a purported execution process that is unknown to law, ex facie defective ab initio, utterly vexatious and expressly prohibited in statute, vide section 21 (4) and (5) of the Government…
…Proceedings Act [Cap. 40 — Laws of Kenya].…
Division and case type: CivilCivil Appeal
…The law cited to Mr Justice Gicheru included section 6 Judicature Act (Cap 8), section 4(5) Government Proceedings Act (Cap 40) and Davis & Shirtliff Ltd v AttorneyGeneral, Court of Appeal 21 of 1978.…
Division and case type: High Court DivCivil Appeal
…law and there are many decided cases in support of the proposition…” [10] Service on the Government is provided for in Order 5 Rule 9 as follows: The provisions of this Order shall have effect subject to section 13 of the Government…
…Proceedings Act (Cap. 40), which provides for the service of documents on the Government for the purpose of or in connection with civil proceedings by or against the Government.…
Division and case type: High Court CivilCivil Appeal
…At paragraph 16 and 17 of the ruling, the court stated as follows; Section 21(4) of the Government Proceedings Act provides as follows: 16―Save as aforesaid, no execution or attachment or process in the nature thereof shall…
…Authority & 2 Others, [2015] eKLR and Greenstar Systems Limited v Kenyatta International Convention Centre (KICC) & 2 Others, [supra] eKLR, which also buttressed the position that State Corporation are not subject to the Government…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Appellant further submitted that the injunctive orders issued by the trial court against the police, amounted to the court preventing the police from undertaking their lawful duty and is contrary to the provisions of the Government…
…Proceedings Act which stipulates that no injunctive orders can be issued against the government.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…to subrule (6) (b) is required to sign and affix a stamp or seal of the corporation on the original document in acknowledgment of service. (7) This rule applies with necessary modifications, subject to section 13 of the Government…
…Proceedings Act, to service of documents on the Government for the purpose of, or in connection with, civil proceedings against the Government Though the Small Claims Act and the small claims court rules are more recent,…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…. - Statutory notice dated 24th January, 2018 pursuant to Section 13A of the Government Proceedings Act. - Letter of appointment dated 27th February, 2015. - Promotion letter dated 29th April, 2015. - Letter from Central…
Division and case type: High Court DivCivil Appeal
…According to the Appellant, the suit offended the provisions of the Government Proceedings Act, Cap. 40. The Appellant prayed for the suit against it to be dismissed with costs.…
Division and case type: High Court DivCivil Appeal
…According to the Appellant, the suit offended the provisions of the Government Proceedings Act, Cap. 40. The Appellant prayed for the suit against it to be dismissed with costs.…