Case law
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Division and case type: Environment and Land CourtCivil Suit
…administrators for reasons that their appointment was not in conformity with provisions of the law.…
…appointment was not in conformity with provisions of the law.…
Division and case type: High Court CivilCivil Suit
…A notice of appointment complies with this subsection if— it includes a statutory declaration by or on behalf of the person who makes the appointment— that the person is the holder of a qualifying floating charge in respect…
…of the company's property; that each floating charge relied on in making the appointment is (or was) enforceable on the date of the appointment; and that the appointment is in accordance with this Part; and it identifies…
Division and case type: High Court CivilCivil Suit
…A notice of appointment complies with this subsection if— it includes a statutory declaration by or on behalf of the person who makes the appointment— that the person is the holder of a qualifying floating charge in respect…
…of the company's property; that each floating charge relied on in making the appointment is (or was) enforceable on the date of the appointment; and that the appointment is in accordance with this Part; and it identifies…
Division and case type: High Court CivilCivil Suit
…The deponent has reiterated that the issue of appointment is a legal issue which can only be properly determined by an arbitrator possessing legal qualifications, adding that the appointment of the late Dr.…
…Applicant has proposed names to be considered for appointment which names have been rejected by the Respondent, who has proposed suitable names, in its view, for appointment as arbitrator. 27.…
Division and case type: High Court DivCivil Suit
…Onsongo filed a Notice of Appointment of Advocate herein dated 30/5/2024. He has proceeded further to file an Application in his name, Richard B. O. Onsongo Advocate, dated 31/5/2024.…
…In our case, counsel has filed a Notice of Appointment and not a Notice of Change. Notice of Appointment of Advocates is regulated by order 9 Rule 7.…
Division and case type: High Court CivilCivil Suit
…Stephen’s Church, on appointment by the Bishop of Nambale.…
…The plaintiff would like the court to declare that due process was not followed in the appointment and transfer of the defendant, and that would presuppose that a certain process had been provided for such transfer and appointment…
Division and case type: Environment and Land CourtCivil Suit
…The Respondents herein being aggrieved by the appointment of JOSEPH KIROP YEGO as the Legal Representative and Administrator of the Estate of the Late JOSEPH KIPKORIR KASITET did make an application before the KITALE HIGH…
…The Respondents being aggrieved by the appointment of one JOSEPH KIROP YEGO as the Legal Representative and/or Administrator of the Estate of the late JOSEPH KIPKORIR KASITET did file an Application seeking the revocation…
Division and case type: Environment and Land CourtCivil Suit
…(b) THAT in default of compliance with above, the appointment of Josephine Maloiy as guardian ad litem of Geoffrey Moriaso Maloiy be set aside, from the proceedings for want of locus standi. 2. …
…The Applicants reiterated the grounds in support of the application submitting that the absence of the medical evidence meant that the appointment of the guardian ad litem was defective and unprocedural. 6. …
Division and case type: High Court CivilCivil Suit
…The sole issue therefore for this court’s determination is whether the Applicant has established sufficient grounds to warrant the appointment of new trustees under Section 42 of the Trustees Act.…
…The Applicant has proposed the appointment of COLLINCE OTIENO, JENIPHER KILILO, PETER NDIRITU, RAMAITA NKOISAEN and JAMES OKICH as trustees.…
Division and case type: High Court DivCivil Suit
…There is no provision under the Rules of Court for the filing of a second Notice of Appointment of Advocates for a party once a Notice of Appointment of Advocate has already been led by another advocate.”…
…There is no provision under the Rules of Court for the filing of a second Notice of Appointment of Advocates for a party once a Notice of Appointment of Advocate has already been led by another advocate.”…
Division and case type: Environment and Land CourtCivil Suit
…Formal adjudication and appointment of a guardian or manager.…
…proceedings before this court, I decline to grant the order sought in the application to the extent that it seeks the appointment of a next friend to represent the applicant.…
Division and case type: Environment and Land CourtCivil Suit
…It was his evidence that the appointment was gazetted vide the Kenya Gazette Notice No 6120 of 5th August, 2016, and that the same gave him the power to act as a Liquidator. 6.…
…Further that his appointment as a Liquidator has never been challenged by the members DEFENDANTS’ CASE 20.…
Division and case type: Environment and Land CourtCivil Suit
…The appointment of the Applicant as the Interim Administrator by the Kadhi’s Court was contested by the Respondent herein in an Appeal at the High Court at Mombasa; iii. …
…The said judgment did not set aside the appointment of the Defendant as an Interim Administrator of the estate of the deceased.…
Division and case type: High Court CivilCivil Suit
…that the appointment of the 5th Defendant as the Company Secretary of Nassau Limited is irregular, illegal, null and void. f) An order cancelling and or quashing the appointment of the 5th Defendant as the Company Secretary…
…A declaration hereby issues that the appointment of the 2nd Defendant as director or agent of Nassau Limited is irregular, illegal, null and void and the same is hereby quashed. 4.…
Division and case type: High Court DivCivil Suit
…Issues for determination - Whether the failure to extract summons rendered the suit fatally defective and - Whether filing a Notice of Appointment and participation in the interlocutory application cured the defect.…
…(emphasis my own). [15]It is therefore clear to me that beyond filing a Notice of Appointment, even entry of appearance after a summons has expired is a nullity.…
Division and case type: High Court DivCivil Suit
…A perusal of the record shows that the firm of advocates filed a notice of appointment dated 31/10/2024.…
…The firm of Advocate C.K Musyoki filed a notice of appointment and not a notice of change of advocates. Previously, the County Attorney had filed a notice of appointment dated 25/10/2022.…
Division and case type: Environment and Land CourtCivil Suit
…Advocates to represent them as per the consent dated 14th August 2023, and a notice of appointment dated 17th August 2023; that as a result the said advocates filed an application to set aside judgment and annexed a copy…
…of defence and counterclaim; that as early as 16th April 2019, the defendants had appointed the firm of Nabwana and Nabwana Company Advocates, and that the aforesaid notice of appointment was done with consent from Mkan &…
Division and case type: Environment and Land CourtCivil Suit
…Given my appointment to the Court of Appeal, it is apparent to me that this application has now been overtaken by events.…
…This is not among the cases that I had reserved for judgment before my appointment to the Court of Appeal so that I can continue with it. 4.…
Division and case type: Environment and Land CourtCivil Suit
…The Defendants purported Notice of Appointment of Advocates dated 19th June 2023 be and is hereby struck out and expunged from the record of court. ii.…
…In the Supporting affidavit, Counsel avers in a nutshell that the Notice of appointment of Advocates and the defence filed are not properly on record as the purported author disowned them. 4.…
Division and case type: High Court DivCivil Suit
…He relies on his appointment letter as evidence that he was lawfully appointed as Archbishop’s Commissary to provide episcopal, administrative and pastoral oversight pending election of a substantive Bishop.…
…They rely on church correspondence and programmes to support that contention. 26 The Applicants challenge the appointment of the 2nd Respondent as Archbishop’s Commissary.…