Case law
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Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Case
…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…
Division and case type: Milimani Commercial CourtsCivil Case
…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…
Division and case type: Milimani Commercial CourtsCivil Case
…Is the defendant entitled to the sum claimed or is the contract a nullity in law?…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…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.…