Case law
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Division and case type: Environment and Land CourtCivil Suit
…It was contended that the suit was filed against a deceased defendant, Joseph Paul Mwangovya, thereby rendering it a nullity.…
…Whether the suit ought to be struck out for being a nullity. b. Who shall bear the costs of the application. 7. On the first issue, it is trite law that a suit against a deceased person is a nullity from inception.…
Division and case type: Environment and Land CourtCivil Suit
…The suit being a nullity, the writ of summons issued in the suit by whomsoever accepted is also a nullity.…
…Therefore, the suit against him is a nullity from inception, and a nullity cannot be rectified through amendments or substitution.…
Division and case type: Environment and Land CourtCivil Suit
…Counsel submitted that the effect of declaring the entire administration process and the appointment of the Administrators a nullity had the legal effect of rendering void all actions undertaken by the Administrators during…
…Counsel submitted that that the action of filing the counterclaim by the joint administrators was a nullity.…
Division and case type: High Court CivilCivil Suit
…Without proper proceedings, anything anchored on such nullities is equally a nullity. In Macfoy vs. United Africa Co.…
…Ltd [1961] 3 All E.R. 1169, Lord Denning delivering the opinion of the Privy Council at page 1172 (1) said; If an act is void, then it is in law a nullity. It is not only bad, but incurably bad.…
Division and case type: Environment and Land CourtCivil Suit
…The Interested Parties therefore submit that the suit and proceedings against the 3rd Defendant are void ab initio and a nullity because they were instituted after her demise.…
…Accordingly, the summons to enter appearance and the subsequent Judgment against the 3rd Defendant are nullities and ought to be set aside. See Geeta Bharat Shah & four others v.…
Division and case type: Environment and Land CourtCivil Suit
…Because they, as the official administrators of their father's estate, were never formally added as defendants, they claim the entire judgment is a complete legal nullity.…
…Whether the judgment is a nullity 43.…
Division and case type: Environment and Land CourtCivil Suit
…Analysis and determination a) Whether the plaintiffs’ suit is a nullity 13. The court has considered the material and submissions on record.…
…The 2nd to 4th defendants contended that the suit against them was a nullity because they were not the legal representatives of the deceased at the time they were sued.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…The trial therefore is a nullity. The other aspect of the trial with which we are concerned is that one of the assessors did not sit during the course of the trial, on one day.…
…This is not proper and this aspect also renders the trial a nullity.…
Division and case type: High Court DivCriminal Appeal
…THAT, the Pundit magistrate misdirected himself by failing to observe that charging the appellant with robbery with violence contrary to section 295 as read with section 296 (2) of the Penal Code rendered the trial court nullity…
…This omission renders the trial a nullity.…
Division and case type: Environment and Land CourtCivil Suit
…Gona, the 1st applicant, sworn on 14th February 2024, in which he inter alia deposes that their suit commenced through the originating summons dated 27th May, 2013 was dismissed on 1st November 2023 on account of being a nullity…
…That as it is apparent Haiderali Popat Teju, the defendant, had died in 2002, about eleven (11) years before the filing of this suit, ELC No. 109 of 2013, the same is hereby struck out for being a nullity. b.…
Division and case type: Environment and Land CourtCivil Suit
…Gona, the 1st applicant, sworn on 14th February 2024, in which he inter alia deposes that their suit commenced through the originating summons dated 27th May, 2013 was dismissed on 1st November 2023 on account of being a nullity…
…That as it is apparent Haiderali Popat Teju, the defendant, had died in 2002, about eleven (11) years before the filing of this suit, ELC No. 109 of 2013, the same is hereby struck out for being a nullity. b.…
Division and case type: High Court CivilCivil Suit
…“According to the appellant, the court had no jurisdiction and the suit was a nullity ab initio and it could not therefore be transferred to the High Court whether by consent or otherwise.…
…THIGA T/A NEWSPAPER SERVICES is therefore a nullity as it was based on a nullity. We have said enough to demonstrate that this appeal has merit. We allow it with costs to the appellant.” 35.…
Division and case type: High Court DivCivil Suit
…They also seek an order that the tractors in prayer (b) having been seized without any court judgment/Decree the purported auction on 4.9.2019 was a nullity, null and void and should be set aside to restore them to the plaintiffs…
…E004 OF 2021) are claiming that the auction was illegal and are asking the court to find the said auction to have been a nullity abi intio.…
Division and case type: High Court CivilCivil Suit
…Judgment Debtor’s Director, Milton Mugai Stanley Gitahi (hereafter the 1 st Objector), and seeking an order declaring the proceedings commenced in execution of the judgment delivered in the present suit on 3 rd November.2023 a nullity…
…In respect of the first application which seeks an order rendering the execution proceedings a nullity and a consequent order setting aside or otherwise lifting the warrants of attachment dated 24 th February 2025, I have…
Division and case type: High Court CivilCivil Suit
…Judgment Debtor’s Director, Milton Mugai Stanley Gitahi (hereafter the 1 st Objector), and seeking an order declaring the proceedings commenced in execution of the judgment delivered in the present suit on 3 rd November.2023 a nullity…
…In respect of the first application which seeks an order rendering the execution proceedings a nullity and a consequent order setting aside or otherwise lifting the warrants of attachment dated 24 th February 2025, I have…
Division and case type: High Court CivilCivil Suit
…Since any act or decision undertaken by a court or other judicial organ without jurisdiction is a nullity ab initio , the Tribunal’s judgment and consequential reinstatement of the Defendants into office, was a nullity.…
…The Plaintiffs have in this suit argued that the Meeting was irregular and a nullity; for reason that it was convened at a time when the two were on suspension, and no longer officials of the Club.…
Division and case type: High Court DivCriminal Appeal
…It is an established legal position that such a trial must be invalidated as a nullity.…
…I declare the trial of the appellant a nullity for failure of compliance to Section 200(3) of the Criminal Procedure Code. The effect of a nullity is that it makes the process so declared null and void ab initio.…
Division and case type: Environment and Land CourtCivil Suit
…Ltd.[1961] 3 All E.R 1169, Lord Denning stated as follows at page 1172 concerning an act which is a nullity: “If an act is void, then it is in law a nullity. It is not only bad but incurably bad.…
…Sixth, the title was also tainted with nullity in that the court process on the basis of which the title to the suit property was anchored was subsequently declared null and void abinitio.…
Division and case type: Environment and Land CourtCivil Suit
…The Commissioner of Lands had no power to alienate public land and any action taken without due authorization is a nullity. We cite the case of Said Bin Seif v.…
…Shariff Mohammed Shatry, (1940)19 (1) KLR 9, and reiterate that an action taken by the Commissioner of Lands without legal authority is a nullity; such an action, however, technically correct, is a mere nullity, and not only…