Case law
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Division and case type: High Court DivCivil Appeal
…matter raising valid triable issues which may only be resolved by a complete and full hearing of this case which in the circumstance, cannot be said to be frivolous, vexatious and an abuse of the court process to warrant its summary…
…dismissal. 5.…
Division and case type: CivilCivil Appeal
…The judge found justification for the summary dismissal on the complaint that during the plaintiff’s theft there was a ticket punched with “A” worth Kshs 21 which meant that the total amount was increased from Kshs 3,301…
…Then section 17 merely specifies a catalogue of what may be grounds for summary dismissal, section 17(g) providing that it may be a sufficient ground:- “If an employee commits, or on reasonable and sufficient grounds is suspected…
Division and case type: High Court DivCivil Appeal
…The respondent was Summarily dismissal of employment over the loss of money and claimed herein. In sum the trial magistrate Ignored mutual agreement which was on record. RESPONDENT SUBMISSIONS .…
…Then note which appellant is charged and faced Summary dismissal of employment. The sum the trial magistrate Ignored mutual agreement crystallized in an agreement. 30.…
Division and case type: CivilCivil Appeal
…period of 2 years with no provision relating to termination of appointment, the position would be that the appointment would be considered as terminated at the expiry of 2 years – barring of course, causes giving rise to summary…
…dismissal.…
Division and case type: High Court CivilCivil Appeal
…As a court of justice, the trial Magistrate was enjoined to aim at sustaining the suit rather than terminating it by summary dismissal. See D.T.…
Division and case type: CivilCivil Appeal
…That appeal was not actually upon the question of summary dismissal. It was actually upon the process of review. But it has been followed in essence. There are several aspects which may be misleading.…
Division and case type: High Court DivCivil Appeal
…Aggrieved by that summary dismissal, the Appellant lodged the present appeal raising several grounds: i) THAT the Learned trial adjudicator erred in law in shutting the appellant (Claimant in the Small Claims Court) from…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…This Court is satisfied that the contest on service constituted a weighty matter which deserved substantive interrogation rather than a summary dismissal. Failure to Annex a Draft Defence 23.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…It submits that this is a mischievous tactic to get back to the to the Appellant for the justifiable summary dismissal his contract.…
…Notable, the Respondent has never filed a suit before a Court of law to challenge the summary dismissal. 25.…
Division and case type: High Court DivCivil Appeal
…That on 22nd November 2022 the respondent’s employment contract was terminated by way of summary dismissal on account of gross misconduct.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The case as framed discloses a cause of action against the respondents and did not warrant summary dismissal before hearing the parties. 27.…
Division and case type: High Court CivilCivil Appeal
…As a court of justice, the trial Magistrate was enjoined to aim at sustaining the suit rather than terminating it by summary dismissal. See D.T.…
Division and case type: High Court CivilCivil Appeal
…is premised on 6 grounds summarized as follows; a) The Ruling pronounced and or finding of the Learned Magistrate was utterly erroneous and incompatible with established Jurisprudence on the issue of Res judicata. b) The summary…
…dismissal of the Appellant's suit in the lower court is contradictory to the right to fair trial and or processes underpinned in Articles 25(c) and 50(1) of the Constitution of Kenya, 2010. c) The learned Magistrate simplistically…
Division and case type: High Court CivilCivil Appeal
…A court of justice should aim at sustaining a suit rather than terminating it by summary dismissal. Normally a law suit is for pursuing it.…
Division and case type: High Court DivCivil Appeal
…A court of justice should aim at sustaining a suit rather than terminating it by summary dismissal. Normally a law suit is for pursuing it.…
Division and case type: High Court DivCivil Appeal
…The Court will be interested in the nature and importance of the case, the right of the Plaintiff to be heard and the fact that summary dismissal of a suit drives away the Plaintiff from the seat of judgment; an arbitrary…
Division and case type: High Court CivilCivil Appeal
…The summary dismissal as a result of the parties carrying out a paternity test, which turned out to be negative; the Respondent was excluded as a father in the deoxyribonucleic acid (DNA)test.…