Case law
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Division and case type: Milimani Commercial CourtsCivil Case
…Learned counsels in this matter do not seem to see all these.Counsel for the applicant is only complaining at the Arbitrator’s misconduct.…
…He submitted that the Arbitrator misconducted himself in disregarding the Will of the deceased and in failing to appreciate the first registration of the applicant.…
Division and case type: Environment and Land CourtCivil Suit
…The application was based on the grounds that there was collusion and/or misconduct on the part of the mediator and the Defendants during the mediation proceedings which led to the one-sided Mediation Settlement Agreement…
…On whether or not the application meets the threshold for granting the orders sought Counsel submitted that under Rule 39(3) a party has to demonstrate that he or she did not know of the misconduct, fraud or mistake at the…
Division and case type: CivilCivil Suit
…Mr Ole Kaparo underlined the fact that the matters disclosed in the affidavit and the document setting out the errors did not amount to corruption or misconduct.…
…Order XLV rule 15 of the Civil Procedure Rules provides that the court may set aside an award on the following grounds only: (a) corruption or misconduct of the arbitrator or umpire (b) that either party has fraudulently…
Division and case type: Environment and Land CourtCivil Suit
…The 6th Defendant alleges that the Plaintiff’s advocates committed professional misconduct by filing this suit.…
…The 6th Defendant’s counterclaim seeks general damages for reputational injury and a declaration of professional misconduct.…
Division and case type: High Court CivilCivil Suit
…That it had advised the Plaintiff to refer its complaint on the alleged professional misconduct by the defendant to BORAQs . 18. In a rejoinder by the Plaintiff, a further affidavit was sworn on 19/7/2026.…
…The Plaintiff’s case is that the Defendant has committed gross professional misconduct and infringed on its copyright works. The Defendant has denied any wrongdoing. 33.…
Division and case type: High Court CivilCivil Suit
…Since the Plaintiff had succeeded in its claim and no misconduct had been alleged against it, the Plaintiff urged the court to award costs of the suit together with interest on those costs at the rate of 12% per annum from…
…No misconduct or other special circumstances have been demonstrated to warrant depriving the Plaintiff of costs. 19. This court therefore finds that the Plaintiff is entitled to the costs of the suit.…
Division and case type: CivilCivil Case
…In light of the foregoing, the Bank is entitled to dismiss you summarily for gross misconduct.…
…I have considered those ground and come to the conclusions that, viewed on a balance of probabilities, they amounted to misconduct. It was such misconduct as entitled the defendant to dismiss the plaintiff.…
Division and case type: CivilCivil Case
…Authority Officers) Regulations 1984, the Town Clerk required the Plaintiff to show cause why disciplinary action should not be taken against her including dismissal from the service of Nairobi City Commission on the grounds of misconduct…
…stratigically waiting Permanent Secretary in the Ministry of Local Government was wrting his letter of that date advised the acting Town Clerk to dismiss the Plaintiff with effect from 3rd August, 1989 on grounds of gross misconduct…
Division and case type: Environment and Land CourtCivil Suit
…Do the allegations of professional misconduct against the 3rd Intended Defendant warrant his joinder as a principal party to this suit?…
…In this case, the Advocate has been accused of bias, unethical and professional misconduct which are under the jurisdiction of the Advocates Complaints Commission and not this court, and the court notes from annexture CTS…
Division and case type: Environment and Land CourtCivil Suit
…entering, remaining on, or interfering in any manner with the deceased's estate's ownership and quiet possession of the suit premises. i) General, punitive, and aggravated damages sufficient to punish the defendants for misconduct…
…remaining upon, or interfering with the deceased's estate's right to ownership and quiet possession of the premises; whether the plaintiffs are entitled to general, punitive, and aggravated damages to punish the defendants for misconduct…
Division and case type: High Court CivilCivil Suit
…It was submitted that the plaintiff responded by filling the necessary defenses in the High Court and counter-accused the defendant for professional misconduct and by writing to the Law society of Kenya and by extension the…
…A conviction on a charge of professional misconduct rendered the plaintiff to be of no good repute. A convict cannot claim to be of good repute as to be entitled to damages for defamation.…
Division and case type: Environment and Land CourtCivil Suit
…He stated that the Respondent has never sued her advocates for any misconduct and that she did not have to wait from 2017 and bring a counter-claim in 2025 alleging corruption or misconduct of her own advocate.…
Division and case type: Environment and Land CourtCivil Suit
…The Applicants have also not demonstrated that they have initiated any complaint before the relevant professional disciplinary bodies regarding the alleged misconduct of the said advocate. 27. …
Division and case type: Environment and Land CourtCivil Suit
…of the Court Annexed Mediation 2022 states that: “A party or the party’s representative who fails to comply with any of the mediator’s directions, consistently fails to attend mediation sessions or engages in deliberate misconduct…
Division and case type: Environment and Land CourtCivil Suit
…of the Court Annexed Mediation 2022 states that: “A party or the party’s representative who fails to comply with any of the mediator’s directions, consistently fails to attend mediation sessions or engages in deliberate misconduct…
Division and case type: High Court CivilCivil Suit
…follow the event, as established in Jasbir Singh Rai & 3 Others and Supermarine Handling Services Ltd supports the view that the party compelled to respond to litigation is ordinarily entitled to an award of costs, absent misconduct…
Division and case type: Environment and Land CourtCivil Suit
…recite the findings of the High Court on an application made by Ndururi and state as follows: “On 3rd January 1990, the respondent applied to set aside the award under Order 45 rule 14 of the Civil Procedure Rules alleging misconduct…
…The Judge heard the application and found no misconduct established.…
Division and case type: Environment and Land CourtCivil Suit
…a non-advocate and states that: - “Validity of legal documents (1) A practising advocate who is not exempt under section 10 and who fails to take out a practising certificate in any year, commits an act of professional misconduct…
Division and case type: High Court CivilCivil Suit
…constitutional right to challenge by filing an Appeal, a decision made by a Judicial Officer during Court proceedings, and to also file a complaint against any Judicial Officer for disciplinary action for, inter alia , acts of misconduct…
…In my own many years of practice before transitioning to the bench, I did in many cases encounter sad cases of what I deemed to constitute outright bias or apparent acts of misconduct and incompetence by Judicial Officers…
Division and case type: Environment and Land CourtCivil Suit
…the supplementary affidavit of 12th October, 2024 have no resemblance although the deponent of both affidavits is stated to be Vincent Mukoya Kasamani hence it shows that they were not signed by the same person showing misconduct…