Case law
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Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…This time no Will appears to have been mentioned and nothing was said about proceedings in Probate and Administration Cause No. 342 of 1987.…
…Throughout the proceedings before the elders, no evidence was adduced to give sufficient particulars of the disputed parcel of land it being referred to simply as “a shamba 2.5 acres” so that if the court subsequently adopts…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…section 10, on the other hand provides as follows: “No sum shall be payable by an insurer under the foregoing provisions of this section if, in an action commenced before, or within 3 months after the commencement of the proceedings…
…specifically the right of the plaintiffi in the original action to be given Notice by the Insurance Company of its intention to seek a declaration to avoid the policy and the plaintiff’s right to be made a party to these proceedings…
Division and case type: CivilCivil Case
…Applying those principles to the instant case, requires a look at the pleadings, proceedings and judgment in the former case, and a look at the pleadings and issues in the present case. What I find is this.…
…Middlesex Justices Ex parte Bond [1933] 2 K B I at p 9; that the development of fresh circumstances (as distinguished from a mere discoverey of fresh evidence on matters which have been open for controversy in the earlier proceedings…
Division and case type: CivilCivil Case
…I agree, with respect, that, the court as trustee of both parties should have ensured that the rights of the parties were protected in these proceedings.…
Division and case type: Milimani Commercial CourtsCivil Case
…Section 176 of the Evidence Act provides:- “Subject to this Chapter a copy of any entry in a banker’s book shall in all legal proceedings be received as prima facie evidence of such entry, and of the matters transaction and…
Division and case type: CivilCivil Case
…The copies of the proceedings and consent order of the principal Magistrate’s court at Kiambu, made on 31st January, 1980 by the District Magistrate, also leave no doubt that the land was to be registered in the name of Wangari…
Division and case type: CivilCivil Case
…paragraph 16 of the plaint dated 7th July, 2010 the plaintiff states on oath (through Verifying Affidavit) H.C.C.C No. 35 of 1997 has been withdrawn by the plaintiff and therefore the plaintiff states there are no pending proceedings…
Division and case type: CivilCivil Case
…JOSIAH MUCHIRI KANAKE…………… ………………4TH DEFENDANT R U L I N G At the time the plaintiff’s application was filed on 19th August, 1996, the 4th defendant Josiah Muchiri Kanake, who is now the applicant, was not a party to the proceedings…
Division and case type: CivilCivil Case
…He stated that the shares had been transferred to a third party not a party to these proceedings and therefore no injunction could be given. All this he argued happened before the institution of the proceedings.…
Division and case type: Milimani Commercial CourtsCivil Case
…I have examined the proceedings in this matter and it does seem that the plaintiff’s sole intention, in filing this suit was to obtain an injunction, as it did on 17th September 2003, and once that was achieved the plaintiff…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…In reply counsel for the appellant stated that the issue of limitation is a matter of jurisdiction which can be raised at t any stage of the proceedings even on appeal.…
…The appellant contends that this is a point of law which can be raised at any stage of the proceedings even on appeal.…
Division and case type: CivilCivil Case
…The proceedings that arose during the year 2012 in which Mr. Njiru Mbogo actively participated, are expunged from the record and shall be of no effect. The exparte orders of 18/5/2012 are also set aside.…
Division and case type: CivilCivil Case
…In 1984, the 2nd Defendant commenced proceedings in this court against the 1st Defendant in miscellaneous High Court Civil Case No.15 of 1984 (O.S) by which the suit land was vested in the 2nd Defendant against the 1st Defendant…
Division and case type: CivilCivil Case
…This is an application by the defendants in these proceedings in which I am asked to order that the plaintiff do furnish security for all costs of the defendant.…
Division and case type: CivilCivil Case
…Sale was completed and it was when she was served with Notice to vacate the land that she quickly commenced these proceedings.…
…A few days after this when these proceedings were started.…