Case law
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Division and case type: CriminalCriminal Appeal
…before or during the trial or in any inquiry the trial or in any inquiry or other, proceedings under this code, unless the error, omission or irregularity has occasioned a failure of justice: Provided that in determining…
…whether an error, omission or irregularity has occasioned a failure of justice the Court shall have regard to the questions whether the objection could and should have been raised at an earlier stage in the proceedings.”…
Division and case type: CivilCivil Suit
…The judgment on the counterclaim was set aside and the proceedings continued in a consolidated form and on oral evidence.…
…Any defence that is open to him at the time the application is granted is available to him as if proceedings were first instituted against him at that time.…
Division and case type: CriminalCriminal Appeal
…The appellant Michael Otieno Amigo was described in the trial proceedings as the third accused, although in some headings he was listed the fourth.…
Division and case type: CriminalCriminal Appeal
…, accompany it with a notice of penal consequences and after which is when contempt proceedings can be served.…
…In this case it has been argued that the appellant was not party to these proceedings in P&A 55/91 and as such section 121 (1) (b) could not have been invoked.…
Division and case type: CivilCivil Suit
…Secondly, the purported arbitration proceedings presided over by BulBul Assistant Chief Benson were null and void, in that the proceedings were held in contravention of the order of this court which stipulated that the District…
…Indeed a copy of the arbitration proceedings annexed to the affidavit clearly show that it was the Assistant Chief that took charge of the proceedings and "gave judgment" and accordingly signed the Award.…
Division and case type: CivilCivil Suit
…… in respect of a matter agreed to be offered:- (a) any party to those proceedings may at any time after appearance, and before delivering any pleadings or taking any other steps in the proceedings, apply to that Court to…
…stay the proceedings …” Mr Kituku for the defendant submitted that a party may rely on the above subsection even after delivering pleadings.…
Division and case type: CriminalCriminal Appeal
…The complaint in effect is that appellant did not understand the charge or the proceedings. Upon looking at the record I observe that the appellant first pleaded not guilty on December 15, 1986.…
…There was no indication at that time that he did not understand the charge or proceedings. He was then released on bond.…
Division and case type: CivilCivil Suit
…Mr Nowrojee for the respondent annexed to his application for the stay of a copy of the proceedings before Muli, J in the High Court but 25 pages were imperfect because the copytypists could not read the handwriting could…
…Mr Nowrojee says he will apply for a certificate of delay setting out that the Deputy Registrar of the High Court did not tell him the judgment and proceedings were ready until which meant that Mr Nowrojee and the respondent…
Division and case type: CriminalCriminal Appeal
…That was the last order made by the late Judge and the proceedings remained in abeyance until the 2nd July, 2008 when the appellant appeared before another Judge, Musinga, J.…
…Okenye: I pray that the court proceeds to have the proceedings typed and thereafter prepare a judgment. D. MUSINGA, JUDGE Court: Proceedings to be typed. Judgment on 25/9/2008. D.…
Division and case type: CivilCivil Suit
…Certified copies of proceedings and judgment were applied for by a letter dated July 22, 1980. Followed by several reminders.…
…Cannot be invoked unless a copy of the letter to the registrar asking for certified copied of proceedings and judgments is copied to and sent to the respondent to the intended appeal by their advocate within 30 days of the…
Division and case type: CriminalCriminal Appeal
…School had been a subject of an intense amount of litigation between the prosecutor and the appellant, and that although the proceedings initiated by the prosecutor and the appellant, and that although the proceedings initiated…
Division and case type: CriminalCriminal Appeal
…I have perused the lower court record of proceedings, the pre bond report and the ruling of my sister Meoli Judge on the substantive application for bond pending appeal.…
…Otara: We pray to be served with the record of proceedings Court: Deputy Registrar to ensure that Counsels are served with record of proceedings. …................... M. MUYA JUDGE 11TH DECEMBER, 2013.…
Division and case type: CivilCivil Suit
…group, the Registrar may in writing require the officers of the group to produce to him evidence of either – (a) the settlement of the dispute and the proper appointment of officers of the group; or (b) the institution of proceedings…
…Sub-section (2) thereof gives a District Magistrate’s Court jurisdiction to settle disputes and make declarations for the purposes of proceedings instituted under subsection (1)(b) of the Section.…
Division and case type: CivilCivil Suit
…Accordingly none of the parties to it or any other person would adduce them in evidence in subsequent proceedings without the consent of the parties to it.…
…policy of the law that disputes should be amicably settled, where possible, and parties be at liberty to freely admit certain facts to facilitate a settlement without the fear of them being used against them in subsequent proceedings…
Division and case type: CriminalCriminal Appeal
…As a result of those proceedings the appellant filed Criminal application number 467 of 1987 in the High Court, Nairobi.…
…As respects issues of the Constitution, if a question as to the interpretation of the Constitution of Kenya arose during the proceedings before the subordinate court and the magistrate felt there was substantial question…
Division and case type: CriminalCriminal Appeal
…The proceedings of this Court were in English and Swahili. They were interpreted into the Swahili language by our court clerk Mr Njoroge.…
…The proceedings, which are shown to have been in English/Swahili were as follows: Accused: “I ask that the charge be read to me again”. Court: “Fair enough” Charge read over and explained.…
Division and case type: CriminalCriminal Appeal
…The Oaths and Statutory Declarations Act Cap. 15 at S. 19provides as follows:- "Where, in any proceedings before any court or person having by law or consent of parties authority to receive evidence, any child of tender years…
…It must be recorded in the proceedings, that the court has taken this step. The cases of Nyasani s/o Bichana v. R. (1958)EA 190 and Kibangeny v.…
Division and case type: CriminalCriminal Appeal
…The question that arises is how, as an appellate court, shall we proceed to determine the question and whether we are entitled to go beyond the record of the proceedings of the court below.…
…Since there is no material, except the record of the proceedings, on which we can judiciously determine the question, we must go by the record and accept as true the position stated therein.…
Division and case type: COMMERCIAL DIVISIONCivil Suit
…The 3rd defendant was brought in these proceedings by an amendment of the plaint amended on 19th March 2001. The 3rd defendant filed his defence on 7th May 2001.…
…Order 6 A Rule 5 (1) provides power to amend an error in any proceedings for the purpose of determining the real question in controversy.…
Division and case type: CriminalCriminal Appeal
…We have considered the argument and the principle referred to by counsel and we agree that an accused person has a right of representation by an advocate of his choice when proceedings began on June 27, 1983.…
…We are not in a position to say whether or not a notice was sent to defence counsel or that the magistrate was urged by the appellant to continue with the proceedings other than that the magistrate recorded the position as…