Case law
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Division and case type: CivilCivil Case
…They therefore became invalid and detention orders made became null and void ab initio. Mr. Murungi relied on passages in Erskine May’s Parliamentary Practice (19th Edition).…
Division and case type: High Court CivilCivil Appeal
…It casts doubts on the validity of the orders and hoists the prospects of invalidity on account of being null and void ab initio.…
…Kadhi and orders given therein being in violation of Articles 2(1) and 170(5) of the Constitution, are null and void ab initio.…
Division and case type: MERU HIGH COURTCivil Appeal
…The consequence was an erroneous finding that the suit was void ab initio. 20. The trial court's finding that it was completely "without jurisdiction" was an error of law.…
…Filing in Meru was a procedural irregularity of venue, not a fundamental defect that rendered the proceedings void ab initio . ii.…
Division and case type: CivilCivil Appeal
…By his principal submission, he contends that by virtue of Order 5 rules 9 and 12 of the Rules, there was no valid service of summons to enter appearance and that therefore the proceedings ex-parte were null and void ab initio…
…Accordingly in my view there was no valid service of the summons to enter appearance and therefore the proceedings exparte must be rendered null and void ab initio.…
Division and case type: High Court CivilCivil Appeal
…Mombasa/MN/Block 2/596, by the 1st Respondent to the 2nd is null and void ab-initio. b) A declaration that the 1st defendant is only entitled to half share of the suit land known as Plot No.…
…Mombasa/MN/Block 2/596 pursuant to the charge above is null and void ab-initio. d) The Registrar of Titles, Mombasa and the Provincial Surveyor Coast Region be ordered to cancel the title in respect of the suit land known…
Division and case type: High Court CivilCivil Appeal
…THAT the Learned Trial Magistrate erred in law and fact when he made a finding that a sale of land agreement which is null and void ab initio can purport to transfer land ownership. 6.…
…declaration that the 2 nd Defendant had and has no right and or authority to sale, alienate, and or pass off as a seller any part of the parcel of land BASSI/BOITANGARE/2198 to a third party and any purported sale is null and void…
Division and case type: High Court DivCivil Appeal
…In light of the fact that the Appeal herein is filed against one beneficiary and not the personal representative of Laban Wanyonyi Muchonji, the same is null and void ab initio and so are all attendant applications that are…
Division and case type: High Court DivCivil Appeal
…It was the 1 st Respondent’s case that the tenancy agreement was void ab initio , the Appellant having fraudulently obtained rent despite lacking the legal capacity to lease or deal with the property.…
Division and case type: High Court CivilCivil Appeal
…grounds that the same was obtained on his behalf without instructions to his previous advocate and further that the advocate who signed the consent on behalf of the respondent was not properly on record thus the consent was void…
…ab initio. 7.…
Division and case type: High Court CivilCivil Appeal
…her judgment the learned Magistrate, found the Appellant had not proved that a valid contract for provision of services existed between him and the Respondent, that the Local Service Orders produced in court were null and void…
…ab initio and therefore the Appellant was not entitled to the orders sought.…
Division and case type: High Court CivilCivil Appeal
…In Hawo Shanko v Mohamed Uta Shanko (supra), the Court held that a suit instituted without a grant of representation is incompetent and void ab initio.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Appellant further submitted that the entire execution process was void ab initio as no proclamation of attachment as mandatorily required was produced or demonstrated before the trial court. 1 st RESPONDENT’S SUBMISSIONS…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Appellant further submitted that the entire execution process was void ab initio as no proclamation of attachment as mandatorily required was produced or demonstrated before the trial court. 1 st RESPONDENT’S SUBMISSIONS…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Appellant further submitted that the entire execution process was void ab initio as no proclamation of attachment as mandatorily required was produced or demonstrated before the trial court. 1 st RESPONDENT’S SUBMISSIONS…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Appellant further submitted that the entire execution process was void ab initio as no proclamation of attachment as mandatorily required was produced or demonstrated before the trial court. 1 st RESPONDENT’S SUBMISSIONS…
Division and case type: High Court CivilCivil Appeal
…A suit filed in the wrong forum is null and void ab initio .…
Division and case type: High Court CivilCivil Appeal
…Whether a contract that contravenes statute and public policy is void ab initio for all purposes and intends?…
…Whether a contract that contravenes statute and public policy is void ab initio for all purposes and intends?…
Division and case type: High Court CivilCivil Appeal
…executed service contract (f) The learned trial magistrate erred in law by declining to enforce a duly executed written contract between the parties despite there being no finding that the contract was illegal, unlawful, or void…
…ab initio.…
Division and case type: High Court DivCivil Appeal
…This appeal, having been filed without leave, is void ab initio, and the orders sought are unavailable.…
Division and case type: High Court DivCivil Appeal
…motivated rather than merit-based, undermining competence and integrity. j) The appointments failed to meet the legal threshold for transparency and competitiveness under section 36(1)(d) of the Universities Act, rendering them void…
…ab initio, and this application for judicial review is meritorious and warrants approval with costs awarded to the applicants. 3.…