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…The writ is a nullity from the beginning.” In the first suit, Jeremiah Kamau Gitau, Mary Wanjiku Mungai and Philisila Njeri Mungai did not bring the action themselves in which the consent judgment was recorded.…

…In my view, the fact that they did not bring the suit themselves but were improperly made defendants in the said suit in which they were three out of five defendants, cannot make the said suit a nullity, as was submitted…

…That appeal, being Criminal Appeal No. 47 of 1998, was allowed by this Court, sitting at Nyeri, on 10th May, 1999 on the ground that the whole trial was nullity and ordered an expeditious retrial before any other judgeC.r…

…iminal Appeal No. 47 of 1998 was allowed as the trial itself was a nullity, only two assessors having taken part in the whole trial ab initio.…

…In order for the defendants to avoid payment of the claim on this last ground it must show that its mistake rendered the contract nullity one naturally turns to the decision of the House of Lords in Bell vs Lever Brothers…

…I feel that the best and briefest statement of what that cure decided is Lord Denning (then Denning L J) in Solle vs Butcher [1950] 1 TLR at p 458, which reads: “Let me first consider mistakes which render a contract a nullity…

…It follows therefore that the proceedings presided over by the Commissioner of Assize, Beham are a nullity in law. There is one more matter of relevance.…

…The trial was clearly a nullity and the conviction should not be allowed to stand. The appeal is allowed, conviction quashed and sentence set aside.…

…In his 7 grounds of appeal the appellant challenged the conviction and sentence contending, inter alia, that the proceedings were a nullity as the appellant’s right under section 72 (2) (b) of the Constitution had been violated…

…This was a serious omission which renders the whole plea nullity and is contrary to the provisions of section 207 of the Criminal Procedure Code (cap 75, Laws of Kenya).…

…They also stated that the trial was a nullity because in most of the proceedings there was no competent prosecutor and if there was, the record did not show that.…

…MOHAMED VS REPUBLIC, Criminal Appeal No. 210 of 2003 at Mombasa (unreported) the Court of Appeal held that the mention of a case before a magistrate by an officer below the rank of inspector does not render the trial a nullity…

…The conviction by Court without jurisdiction is a nullity and so is sentence. Both are quashed. The appellant be taken forthwith before a court of competent jurisdiction for a fresh trial.…

…The grounds in support of the application are that fees have not been paid and in the absence of an order of court to the effect that fees are not to be paid the proceedings are a nullity and the respondent should be ordered…

…Whether the Charge Document is bad in law, irregular and a nullity. iii.Discrepancies in the Defendant’s own bank statements. 6.…

…was a school fees loan for Kshs. 200,000/-, which loan was secured by a charge for Kshs. 200,000/- over the suit property. 10.Secondly, the Plaintiff submitted that the Charge Document is bad in law, irregular and is a nullity…

…The notice given was therefore not valid and a nullity. There was no evidence that the notice given in June 1986 was any more efficacious. The complainant says that he agreed to quit as per the notice of 3.10.86.…

…Is the defendant entitled to the sum claimed or is the contract a nullity in law?…

…has also been held that: “an exparte attachment before Judgement without directing the defendant either to furnish security or to appear and show cause why he should not furnish security breached order 38 r 5 and was a nullity…

…The judges accepted that if a plea is not voluntary or is obtained for force or threats or torture or deception, it cannot be said to be unequivocal and would, in those circumstances, be a nullity and the bar in section 348…

…The second Chamber Summons dated 13th November, 1995 prayed that all proceedings, judgement and orders in P.M.C.C.No. 303/95 be declared a nullity for the reasons that Mrs. Nzei deponed to in her supporting affidavit.…

…Khaminwa’s proposal that if a plea of guilty is not voluntary or is obtained by force or threats or torture or even deception, it cannot be said to be unequivocal for it would in those circumstances be a nullity to which…

…I declare that the purported sale of land parcel Number NTIMA/IG0KI/3749 to the 2nd Defendant by the 1st Defendant is a nullity as the 2nd Defendant is not an innocent purchaser for value of the said land.…

…I would under the circumstances of this particular case, dismiss the charge and acquit the appellant on the ground that the proceedings after failure to comply with said sections would be a nullity.…