Search court decisions

…PYRETHRUM GROWERS CO-OP LTD & 9 OTHERS…… DEFENDANTS RULING At the opening of the hearing inter partes of an application by the plaintiffs for an injunction, the counsel for the defendants took a preliminary objection to the proceedings…

…Mr Hawala has submitted that section 4 of the Government Proceedings Act was borrowed from section 2 of the Crown Proceedings Act 1947 of England and has referred to the case of Royal Aquarium and Summer and Winter Garden…

…Act, 1888, from the local justices to the County Council) were “judicial proceedings”, so that absolute privilege could be claimed in respect of remarks made there in proceedings taken for defamation.…

…Nzei asked this court to nullify all the proceedings that went on in P.M.C.C.NO. 303/95 because Mr.…

…All he did was unlawful and thus of no validity at all hence nullifying those proceedings. Mr.…

…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…

…In default of No.1 above the judgement and the proceedings herein shall become null and void and the plaintiff shall be obligated to refund the amount paid to them by the defendant immediately upon default.…

…In India the wife had brought bastardy proceedings against the co-respondent in respect of such illegitimate child.…

…In Indian proceedings a Mrs Ingles had given evidence which supported the wife’s claim, and hence the pypothesis of the wife’s adultery.…

…written law, the fact that any matter in issue in any criminal proceedings is also directly or substantially in issue in any pending civil proceedings shall not be aground for any stay prohibition or delay of the criminal…

…proceedings.…

…by the Tribunal; and, an order that they desist from subjecting her to annoyance or harassment to induce her either to vacate the suit premises or to pay a higher rent.That in effect meant that there was duplication of proceedings…

…The plaintiff was not right to institute concurrent proceedings before two separate courts. (Section 6 of the Civil Procedure Act refers).…

…And if any proceedings exist pursuant to the provisions of the said chapter 301 of the Laws of Kenya then the same are null and void and inconsistent with written law.”…

…The plaintiff’s application should await the finality of the proceedings at the said Business Premises Rent Tribunal.”…

…It is supported by an affidavit sworn on 1.9.93 by learned counsel for the applicant Mr Gikandi Ngibuini in which he deposes that he had studied the proceedings and judgment and was of the view that the appeal has overwhelming…

…interest bearing account in a bank approved by both sides in the joint names of the advocates representing the two parties. (2) The applicant to pay forthwith the respondent’s costs incurred in connection with the execution proceedings…

…He states that there has been previous proceedings and that the subject matter of the suit does not exist as plaintiff has sub-divided the land sold some parts and retained others.…

…There has been previous proceedings. In Meru High Court Civil Appeal No. 22/88.…

…Secondly, the decree holder relies on the compromise settlement which was worked out before the attached goods, which, he says, included the subject matter of these objection proceedings, were released to the defendant by…

…Mr Kabuki, the advocate, who signed that consent settlement on behalf of the 3 objectors testified in the present objection proceedings to the effect the objector herein was one of his three clients on whose instructions…

…Consequently the police are completely out of these proceedings.…

…These are: (i) That the proceedings were instituted or continued by the defendant; (ii) That the defendant acted without any reasonable and probable cause; (iii) That the defendant acted maliciously and (iv) That the proceedings…

…of the lower court which were produced by the consent of the parties under S.61 of the Evidence Act as the parties had agreed to rely thereon during the proceedings, the parties herein have been seriously handicapped in…

…The traffic case proceedings were also produced as exhibits by consent. The plaintiff in addition to the affidavit evidence and evidence in the lower court called three witnesses while the defendant called 1 witness.…

…of the lower court which were produced by the consent of the parties under S.61 of the Evidence Act as the parties had agreed to rely thereon during the proceedings, the parties herein have been seriously handicapped in…

…The traffic case proceedings were also produced as exhibits by consent. The plaintiff in addition to the affidavit evidence and evidence in the lower court called three witnesses while the defendant called 1 witness.…

…(b) That the attachment of motor vehicle together with its load of sisal be set aside until final determination of the objection proceedings herein.…

…The log book exhibited in the proceedings show the lorry KYG 958 had initially been the property of the defendant Company before it was transferred to the objector.…

…All execution proceedings against the second are also set aside. The second defendant will file her appearance and defence, both, within the next 15 days.…

…I make no order as to costs as the second defendant could have moved Court to set aside judgment last year when she became aware of these proceedings.…

…But that was outside the disciplinary proceedings which the Defendant was taking against the Plaintiff.…

…The Plaintiff, at the time of disciplinary proceedings in the hands of the Defendant held the substantive post of Senior Community Development Officer in the Housing Development Department.…

…The bankwas made a party to execution proceedings. It is true that Mr. Gatonye orally applied for leave to appeal on1/10/98 after the Ruling was read. It is also true that Mr.…

…The bankwas made a party to execution proceedings. It is true that Mr. Gatonye orally applied for leave to appeal on1/10/98 after the Ruling was read. It is also true that Mr.…