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…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.…

…He urged this court not to micro-manage the proceedings before the Trial Court. 15.…

…The lower court proceedings reveal that on 28th January, 2020 the plea against the applicants was taken in Shanzu Law Courts.…

…Notwithstanding the considerable publicity already gathered by these proceedings so far they have come to nought. As this Court is hearing the application de novo its proceedings must be written fully.…

…of law, the Court may, and shall if a party to the proceedings so requests, refer the question to the High Court.”…

…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.…

…… 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.…

…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…

…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…

…MCCR/E.034 of 2020, pending the hearing and determination of this revision. 3) To make an order to call for and examine the record of the proceedings in the Chief Magistrate’s court at JKIANairobi in Criminal Case No.…

…The reason being that the revising court, is only allowed to peruse the record of the proceedings and then proceed to satisfy itself that the procedure in the lower court was regular.…

…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.…

…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…

…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.…

…On the technical front it is clear that the proceedings were commented by plaint. Its mode of presentation automatically brings the proceedings within the provisions of order 7 rules 1 (1), (2) and (3) thereof.…

…The case of Ndegwa Wachira versus Ricarda Wanjiru Ndanjeru (1982) I KAR where it was held inter alia that when a breach of the rules is not fundamental the proceedings will not be set aside.…

…Firstly, it must be shown that there was either a legal reason for instituting criminal proceedings nor was the prosecution for public benefit but rather for personal and spiteful reasons.…

…The plaintiff did not, however, call evidence to show that the criminal proceedings were ill motivated. The circumstances leading to the loss of the tyre excited suspicion against him as the thief.…

….….DEFENDANT RULING The defendant has brought this application under section 6(1) of the Arbitration Act and order 50 rule 1 of the Civil Procedure Rules for an order of this court to stay the proceedings in the suit.…

…That the proceedings in this suit be stayed until the matter has been referred to arbitration and determined or further orders of this court. 2.…

…The Chief made the elders sign or thumb print the paper before the proceedings began and he then had typed out his version of what happened which was incorrect.…

…Mr Ngubuini referred to matters, which he submitted vitiated the arbitration proceedings. The Chief was related to this family and gave no reasons for his casting vote. He made no allegations against the arbitrators.…

…followed but he was told that in accordance with the relevant law governing his profession that is to say the Advocates Act cap 16 Laws of Kenya he is the one to be followed as he gave a personal guarantee and disciplinary proceedings…

…on and it shows lack of seriousness on the part of the plaintiff in this matter. (3) That since the suit arises from a professional undertaking the plaintiff has to make good that undertaking before he can initiate civil proceedings…

…The plaintiff said in these proceedings that there was noreply to his letter. According to his evidence he then by continued to attend to his duties in the Mombasa office whileawaiting a reply to his letter.…

…I must, first of all, deal with the aspect of desertionfrom duty since in these proceedings the defendants have citedit as their justification for the dismissal act taken against(him (the plaintiff). Did he desert duty?…

…applicable in this case and it states as follows; All legal charges including valuation, stamp duties or other fees, costs and expenses incurred by the lender in connection with this facilities or in connection with any proceedings…

…Only PW 2, who was not a party to these proceedings, could agitate such a claim as the registered proprietor of the suit property.…

….4TH CONTRIBUTOR/OBJECTOR EDWARD KINGS ONYANCHA MAINA....................................................5TH CONTRIBUTOR/OBJECTOR RULING The Applicant, Edward Kings Onyancha Maina, is the 5th Contributor in this winding up proceedings…