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…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.…

…The first one is that the police officer as agent for the defendant must have instituted the criminal proceedings against the plaintiff. Mr Ojiambo says that a police officer does not or can not act as agent.…

…That the proceedings terminated in the plaintiff’s favour is acknowledged by the defendants. The plaintiff having established liability in the defendants, I turn to the question of damages.…

…It is evidently clear that in law a suit is defined in section 2 of the Civil Procedure Code to mean “all civil proceedings commenced in any manner prescribed''.…

…He is still a party to the proceedings and so the application is in order and he has locus standi.…

…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…

…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.…

…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…

…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.…

…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…

…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.…

…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…

…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…

…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.…

…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…

…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.…

…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…

…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.…

…The second defendant has not appeared or been represented, and has taken no part in the proceedings.…

…It was common ground between the parties that the deceased could not be married to two husbands at the same time, and it was also common ground that the deceased had never been involved in any divorce proceedings.…