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…On this point, it has been held that: “An unincorporated association is not a legal person and therefore cannot sue or be sued unless such a course is authorised by express or implied statutory provisions…” (see New Hampshire…

…personal therefore the cause of action did not survive the death of Stephen Kiruthi Mukabi. 4) The learned magistrate in reaching his conclusion in the said ruling totally disregarded the appellant’s submissions on the binding statutory…

…provisions in Section 2 of the Law Reform Act to which he did not refer or comment. 5) The learned Magistrate’s ruling was unjust, unfair and illegal as it amounted to shutting the appellants from the legal process as known…

…The language, used in these three statutory provisions, is similar, in tone and character, and it serves the same end, expeditious disposal of matters. 14.…

…The learned trial magistrate erred in law in failing to appreciate the facts and overwhelming laws and statutory provisions tendered to prove the trial court had no jurisdiction.…

…The learned trial magistrate erred in law in failing to appreciate the statutory provisions on the jurisdiction of the Energy & Petroleum Regulatory Authority and the Energy & Petroleum Tribunal.…

…The learned trial magistrate erred in law in failing to appreciate the facts and overwhelming laws and statutory provisions tendered to prove the trial court had no jurisdiction.…

…The learned trial magistrate erred in law in failing to appreciate the statutory provisions on the jurisdiction of the Energy & Petroleum Regulatory Authority and the Energy & Petroleum Tribunal.…

…Being guided by the foregoing authorities, i find that it is necessary to consider the salient statutory provisions of the Civil Procedure Act and the Magistrate’s Court Act so as to determine the question whether the Magistrate…

…From the above statutory provisions, there seems to be an apparent conflict between section 15 of the Civil Procedure Act and section 3(2) of the Magistrates’ Courts Act.…

…The language, used in these three statutory provisions, is similar, in tone and character, and it serves the same end, expeditious disposal of matters. 14.…

…However, Article 159 was never intended to override mandatory statutory provisions. Indeed, in Nicholas Salat vs.…

…Reliance was placed on the statutory provisions governing review and the Applicant urged the Court to exercise its wide discretion in the interests of justice. The Appellant's Response 8.…

…court. k) That whether the appeal is meritorious or not, is not the issue at this point as the appellant had 30 days to file a notice of appeal and 60 days to file and serve the record of appeal and having not complied with statutory…

…provisions stated in law, the merits or lack thereof, should be seen in that light and by the court now properly in charge of this matter. 4.…

…The applicant must place before the court credible evidence demonstrating circumstances falling within the statutory provisions. 13.…

…The appellants in this appeal have simply stated that the orders made by the Magistrate were against the law, clear statutory provisions and equity.…

…In the circumstances of the above statutory provisions and case law this court finds that the trial magistrate was right in striking out the suit so that the Appellant can adjudicate the same in the right forum namely the…

…In view of the foregoing constitutional and statutory provisions, this Court is persuaded that the dispute falls squarely within the jurisdiction of the Environment and Land Court.…

…The Appellant also contended that execution proceedings were commenced more than seven years after judgment (2017–2024), allegedly contrary to statutory provisions. 9.…

…The Appellant contended that the repossession and subsequent sale of the motor vehicle was lawful and undertaken in accordance with both the loan agreement and the applicable statutory provisions. 12.…

…It must be exercised strictly in accordance with the contract and the applicable statutory provisions, including the Movable Property Security Rights Act and the Auctioneers Act.…

…In her submissions, the respondent cited various statutory provisions and case law in support of her application, urging the court to allow it as prayed 10.…

…Counsel stated that in the absence of a confirmed grant, the lower court''s orders are without jurisdiction, invalid, null and void for being contrary to express statutory provisions and they amount to unlawful court induced…

…The Appellant filed submissions dated 14th May 2025 in which he urges the Court to dismiss the Preliminary Objection and allow the application, citing various constitutional and statutory provisions and judicial precedents…