Case law
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Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Section 67(2) of the Civil Procedure Act provides that: “No appeal shall lie from a decree passed by the court with the consent of parties.” 13. In Board of Trustees NSSF vs.…
…Michael Mwalo [2015] eKLR, the Court reiterated that for Section 67(2) to apply, the decree must be one passed by consent of parties. 14.…
Division and case type: High Court DivCivil Appeal
…By consent of parties this application was canvassed by way of written submissions. The applicant filed written submissions. Appellant/Plaintiff’s case 5.…
…By consent of parties, this appeal was This appeal was canvassed by way of written submissions.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The order by the Deputy Registrar was obviously issued in line with Order 9 Rule 9 of the Civil Procedure Rules, which provides as follows: Order 9 Rule 9: Change to be effected by order of court or consent of parties – When…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…It is not disputed that the issue of liability was settled by the consent of parties in the ratio of 70:30 in favour of the appellant against the respondent.…
Division and case type: High Court DivCriminal Appeal
…He further relied on the cases of Jamal Salim vs Yusuf Abdulahi Abdi & Another[2018]eKLR where it was held that jurisdiction either exists or not and cannot be granted by consent of parties and Samuel Kamau Macharia & Another…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…It is not disputed that the issue of liability was settled by the consent of parties in the ratio of 60:40 in favour of the respondent against the appellant.…
Division and case type: High Court DivCivil Appeal
…By consent of parties this appeal was heard by way of written submissions. The parties filed their respective submissions which I have carefully analyzed and considered together with case law in support. 9.…
Division and case type: High Court DivCivil Appeal
…By consent of parties, the medical report of Dr. Steve Ochieng was admitted into evidence without calling the maker. 3. In his defence, the Appellant filed a defence dated 5 th December 2022.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…By consent of parties this appeal was canvassed by way of written submissions. The parties filed their respective submissions which I have carefully analyzed and considered together with case law in support.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…By consent of parties this appeal was canvassed by way of written submissions. The parties filed their respective submissions which I have carefully analyzed and considered together with case law in support.…
Division and case type: High Court DivCivil Appeal
…By consent of parties the medical report by 1st defendant’s Doctor Ruth Ichamwengwe and the 2nd defendant’s Doctor P.M.Wambugu were produced by consent. 6.…
Division and case type: CivilCivil Appeal
…interest on the principal sum and on account of this, the interest claimed by the respondent in respect of the aforesaid sum was improperly and unlawfully charged, eventually, the respondent’s suit against the appellant was by consent…
…of parties set down for hearing on 20th and 21 May, 1998.…
Division and case type: High Court DivCriminal Appeal
…Section 19(1) of the Oaths and Statutory Declarations Act provides guidance on obtaining evidence from a child of tender years as follows: Where, in any proceedings before any court or person having by law or consent of parties…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…By consent of parties this appeal was canvassed by way of written submissions. The parties filed their respective submissions which I have carefully analyzed and considered together with case law in support. 10.…
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…
Division and case type: CriminalCriminal Appeal
…That section reads 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 called as a witness does not, in the opinion…
Division and case type: High Court CriminalCriminal Appeal
…Section 19 of the Oaths and Statutory Declaration Act provides: “(1) Where, in any proceedings before any court or person having bylaw or consent of parties authority to receive evidence, any child oftender years called as…
Division and case type: High Court DivCivil Appeal
…However, by consent of parties, the interlocutory judgment was set aside. In their statement of defence, the Respondents denied the allegation that they were the owner and authorized driver of the vehicle.…
Division and case type: High Court CriminalCriminal Appeal
…Section 19(1) of the Oaths and Statutory Declaration Act provides: “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 called…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…2nd Respondent when she wrongly exercised her powers and discretion under Section 17of the SCCCA and Rule 30 of the SCC Rules to proceed Rules to hear the suit by way of documents on record and submissions and without the consent…
…of Parties and when the nature of the case and the principles of natural justice required that the matter go for full trial by way of cross-examination of witnesses’ statements.…