Case law
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Division and case type: CivilCivil Appeal
…The Supreme Court thus allowed the application.…
…play, lie to the Supreme Court.” 47.…
Division and case type: CivilCivil Appeal
…That may stem from the optional procedure of a suit for a declaration or an originating summons for a declaration which obtained in England before 1964. order 54A of the Rules of the Supreme Court directly provided for a…
…Reading order 7/1-7/1 of the Supreme Court Practice 1973 at page 58, order 54 A was revoked in 1962 and not replaced.…
Division and case type: CivilCivil Appeal
…That law and procedure was contained in the Supreme Court Act 1981 and the Rules of the Supreme Court (1988 Supreme Court Practice) Order 75.…
…Supreme Court Act 1981 [UK] sections 20, 20(1)(a), 20(2)(a-s), 21(4), 21(4)(b) 2. Rules of the Supreme Court 1988 [UK] order 7 rules 5, 5(4), 5(5), 5(9); para 9; order 75 para 75/1/3; order 12 rule 3.…
Division and case type: CivilCivil Appeal
…As long ago as November 10, 1933 Lucie-Smith Ag CJ held that the former Supreme Court had inherent power ex debito justitiae to order stay of execution pending an appeal in Olivia Da Ritta Sequeira E Facho & Another v ER…
Division and case type: CivilCivil Appeal
…Rules of the Supreme Court [UK] JUDGMENT 1.…
…The views of Hancox JA in which he leaned towards a liberal construction were not essential to the decision, were not expressly shared by the majority and were based on the rules of the Supreme Court of England which do not…
Division and case type: CivilCivil Appeal
…That was, he said, a matter of summary judgment under the English Rules of the Supreme Court. Security was being asked for in that connection. Here judgment had been given the respondent had acquired rights.…
Division and case type: CivilCivil Appeal
…The enforcement of the exclusive jurisdiction clause is shown to be “unreasonable” under the circumstances – per Chief Justice Burger of the United States Supreme Court in The Chaparral [1972] 2 Lloyd’s Rep 315. D.…
…Court Chaparral case (supra).…
Division and case type: CivilCivil Appeal
…The appeal was filed against three judges of the Supreme Court of Trinidad and Tobago.…
…(see Vinson v The Prior Fibres Consolidated Ltd (1906) W N 209 Supreme Court Practice 1993 Vo P 332 para 18/19/2, and Riches v Director of Public Prosecutions [1973] 2 All ER 935).…
Division and case type: Environment and LandCivil Appeal
…Kenya Commercial Bank Limited & 2 others [2012] eKLR, Application No. 2 of 2011, by the Supreme Court. 25. Let’s see what the law says on taxation of Advocate/Client Bill of Costs.…
Division and case type: CivilCivil Appeal
…I need not emphasize the fact that in Chogley vs Bains the matters had gone to the then court of appeal from the rent control board via the High Court (then Supreme Court).…
Division and case type: CivilCivil Appeal
…South Construction Company,184 Ind. 221, 110 N.E. 977 (1915), although the holding was based on proximate cause, the Indiana Supreme Court stated: “It has been laid down by law writers and the courts that the time of infancy…
Division and case type: CivilCivil Appeal
…Saldanha (3), Kenya Supreme Court (Mombasa) Civil Case No. 243 of 1953, (unreported), where the scope and general purpose of procedure by way of originating summons were being considered: 'Such procedure is primarily designed…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…The respondent urged that the High Court had no jurisdiction to intervene in a matter that had already been decided by the Court of Appeal; that as stated by the Supreme Court in Samuel Kamau Macharia & Another -vsKenya Commercial…
Division and case type: CivilCivil Appeal
…In any event and without prejudice to the foregoing, the issue on custody of land documents and records was canvassed and determined by the Supreme Court in the Matter of the National Land Commission (2015) eKLR and is therefore…
Division and case type: CivilCivil Appeal
…In any event and without prejudice to the foregoing, the issue on custody of land documents and records was canvassed and determined by the Supreme Court in the Matter of the National Land Commission (2015) eKLR and is therefore…
Division and case type: CivilCivil Appeal
…In any event and without prejudice to the foregoing, the issue on custody of land documents and records was canvassed and determined by the Supreme Court in the Matter of the National Land Commission (2015) eKLR and is therefore…
Division and case type: CivilCivil Appeal
…Court and practice of the High Court.…
…It was said that, so long as the rules are silent on third-party matters, by that rule the provisions of the Rules of the Supreme Court with regard to third-party procedure are imported.…
Division and case type: CivilCivil Appeal
…was stated that “your petitioner has telegraphed to his attorney’s in Cape Town, requesting them to lodge a petition on his behalf….a has at the same time advised them that the usual warrant authorizing proceedings in the Supreme…
…Court has been posted.…
Division and case type: CivilCivil Appeal
…Examples of this principle are to be found in the case of ex parte injunctions, ex parte orders made for service of proceedings out of the jurisdiction under Order 11 of the Rules of the Supreme Court.…
Division and case type: CivilCivil Appeal
…There is at the present moment an appeal pending before the Eqyptian Supreme Court in Cairo, where a prominent Islamic academic, who has been declared an apostate for denouncing Hadithi, and his wife, are challenging a “decree…