Case law
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Division and case type: CivilCivil Appeal
…Macharia for the applicant informs me that they obtained the proceedings on the 26th April, 1996; they, however, have not obtained a certificate of delay from the High Court to vouch-safe for that contention.…
…Macharia if those criminal proceedings were part of the record of the High Court; he told me they were not.For the life in me, I do not see how those criminal proceedings which admittedly were not before Juma, J. could be…
Division and case type: CivilCivil Appeal
…The defendant entered appearance and before taking any other steps in the proceedings, it applied for stay of all further proceedings pursuant to Section 6(1) of the Arbitration Act.…
…He is not also entitled to an order to stay proceedings.…
Division and case type: CivilCivil Appeal
…in which the judgment was given, the insurer had notice of the bringing of the proceedings”.…
…Nevertheless, subsequent to the foregoing letter, proceedings were commenced against the insured, Pauline W Kimuyu.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…The appellant sought to have an order for retrial, asserting that it was in the interests of justice to order a retrial where the record of proceedings has been tampered with in an appeal, and fair hearing cannot be achieved…
…The record shows that the complaint relating to the record of appeal was in fact raised and addressed during the proceedings.…
Division and case type: CivilCivil Appeal
…An appeal may be struck out under rule 80, above, on the ground that no appeal lies or that some essential step in the proceedings has not been taken within the prescribed time.…
…In his view if the period which was required for the preparation and delivery of the copies of proceedings is excluded from computation in terms of the proviso to rule 81, above, the appeal was instituted timeously.…
Division and case type: CivilCivil Appeal
….......................................................RESPONDENT (Appeal from the High Court at Nyeri, O’Kubasu J) RULING This is an appeal against the order of the High Court sitting at Nyeri (O’Kubasu J) in objection proceedings…
…by the appeal, again as required by rule 76(1), the court also not having directed under the proviso to that sub-rule (1) that service need not be effected on the judgment-debtor as he took no part in the proceedings in…
Division and case type: CivilCivil Appeal
…On the 14th February, 1996 the applicant applied for the proceedings and ruling and that letter was duly copied to counsel for both respondents. The proceedings were apparently supplied to the applicant within time.…
…Lepelley correctly points out, a certificate of delay is only required in respect of proceedings. There was accordingly no occasion to look for a certificate of delay.…
Division and case type: CivilCivil Appeal
…or taking any other steps in the proceedings, apply to the court to stay the proceedings;" In the present case the appellant did more than just enter an appearance.…
…The appellant made no application for stay of proceedings. The appellant was a a party to an arbitration agreement within the meaning of section 6 of the Act but Mr.…
Division and case type: CivilCivil Appeal
…The complex issues that were involved in the proceedings before the learned Judge will now be recounted.…
…That despatch is an object of the proceedings is shown by O.XXXVI, which provides that they shall be listed as soon as possible and be heard in chambers unless adjourned by a judge into a court.'.…
Division and case type: CivilCivil Appeal
…Rule 10(1) of order XXXVI of the Rules is in the following terms: “10 (1) Where, on an Originating Summons under this order, it appears to the Court at any stage of the proceedings that the proceedings should for any reason…
…be continued as if the cause had been begun by filing a plaint, it may order the proceedings to continue as if the cause had been so begun and may, in particular, order that any affidavits filed shall stand as pleadings,…
Division and case type: CivilCivil Appeal
…Section 9(3) of the Law Reform Act reads: “(3) In the case of an application for an order of certiorari to remove any judgment order decree conviction or other proceedings for the purpose of its being quashed, leave shall…
…It has been referred to as a chamber application throughout the typed proceedings of the Superior Court before us and we have to go by the proceedings before the Superior Court.…
Division and case type: CivilCivil Appeal
…17th day of July, 1996 in H.C.C.C NO. 2523 & 533 OF 1982) ********************* RULING OF THE COURT The present application seeks several orders namely that the appeal filed by the respondent be struck out, that contain proceedings…
…and orders of the superior court to set aside, that a Receiver appointed in respect of the applicant company do file proofs of debt and stay of proceedings.…
Division and case type: CivilCivil Appeal
…A final judgment of a competent Court in any criminal proceedings which declares any person to be guilty of a criminal offence shall, after the expiry of the time limited for an appeal against such judgment or after the date…
…complains about the learned judge awarding a sum of shs.80,000/= under the Law Reform Act when the respondent had not taken out letters of administration for the estate of her deceased husband at the time she instituted the proceedings…
Division and case type: CivilCivil Appeal
…The second part of the order is not relevant to these contempt proceedings because this court’s order restraining the Corporation from evicting the two applicants from the Post Office staff quarters occupied by either until…
…We are satisfied that Mr Malakwen was not served with the order in such a manner as would render him subject to committal order prayed in the committal proceedings filed on 28th October, 1993.…
Division and case type: CivilCivil Appeal
…Platt J exercising the discretion of the court, refused to stay the proceedings. Hence this appeal.…
…The issues for determination by Platt J on the motion for a stay of the proceedings were identical in each case.…
Division and case type: CivilCivil Appeal
…Unfortunately, Hariben died on July 3, 1980, with the result that there was a consent order in the High Court substituting Ranchod, as administrator of the Estate of Hariben, as second defendant, and, the proceedings before…
…Under section 2 of the Civil Procedure Act, “suit” means all civil proceedings commenced in any manner prescribed.…
Division and case type: CivilCivil Appeal
…He thought that he could not bring proceedings until the persons found by the magistrate to have been responsible for the death of his son had been charged with a criminal offence.…
…It would appear that notwithstanding the provisions of section 27 of the Act, the question whether or not the plaintiff was entitled to the extension can only be challenged in the proceedings.…
Division and case type: CivilCivil Appeal
…That may be so but once it is brought in the proceedings it has to take part even if passively. To sum it all up I would make the following orders:- 1.…
…That all further proceedings in the superior court are hereby stayed pending the conclusion of arbitration proceedings between the parties (T.S.…
Division and case type: CivilCivil Appeal
…proceedings before the magistrates, might influence the decision of the magistrates adversely to the applicant.…
…that even a suspicion that there has been an improper interference with the course of justice’ is enough to vitiate the proceedings, an observation which has been invoked as the original of reasonable suspicion test.…
Division and case type: CivilCivil Appeal
…Issue No. 7: The proceedings were an abuse of court process since the grounds relied on in Misc. 646/04 are relitigated in Misc. 946/04.…
…It is an abuse to bring vexatious proceedings i.e two or more set of proceedings in respect of the same subject matter which amount to harassment of the defendant in order to make him fight the same battle more than once…