Case law
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Division and case type: CriminalCriminal Appeal
…XVI Rule 5 are restated:- “If within three months after: - (a) the close of the pleadings … the plaintiff does not set down the suit for hearing, the defendant may either set the suit down for hearing or apply for its dismissal…
…When he was faced with the same situation in the first application for dismissal for want of prosecution, Mulwa, J. declined to do so in the interests of justice because as he put it the dismissal would have affected numerous…
Division and case type: CriminalCriminal Appeal
…He was sentenced to 8 years imprisonment together with dismissal from the Armed Forces. The appellant’s conviction and sentence together with his dismissal from the Armed Forces were confirmed on November 23, 1982.…
…In these circumstances, the appellant’s sentence of 8 years imprisonment together with dismissal from the Armed Forces cannot be said to have been manifestly excessive, or based on the wrong principle.…
Division and case type: CriminalCriminal Appeal
…It is that dismissal that is now the subject of the reference before us. At the hearing of this reference on 18th December, 1996, Mr.…
Division and case type: CivilMiscellaneous Application
…The dismissal of his summons in Miscellaneous Application 333 of 1983 rankled, however, so the applicant, by another summons in chambers asked the same judge to review it giving as the main ground for doing so the provisions…
…Not even the last paragraph, it would seem, has resolved the dispute about the costs of the dismissal of the first summons in chambers.…
Division and case type: CivilMiscellaneous Application
…He brings this Motion under Section 60, 70, 72 and 84 of the Constitution to challenge the constitutionality of the trial and the legality of his dismissal.…
Division and case type: CivilMiscellaneous Application
…However, the dismissal was referred to the full court (Madan, Miller and Potter, JJA) which reference was also dismissed on December 3, 1981.…
Division and case type: CriminalCriminal Appeal
…APPELLANT VERSUS REPUBLIC………………….RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Nyeri, Abdullah J dated 22nd September 1989 in High Court Criminal Appeal No 96 of 1989) JUDGMENT Following the dismissal of…
Division and case type: CriminalCriminal Appeal
…APPELLANT VERSUS REPUBLIC………………….RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Nyeri, Abdullah J dated 22nd September 1989 in High Court Criminal Appeal No 96 of 1989) JUDGMENT Following the dismissal of…
Division and case type: CriminalCriminal Appeal
…Anwar Kipngetich appeals against the dismissal by the High Court (O’Kubasu J) of his appeal from decision of the R M Makadara to convict him of the offence of robbery contrary to section 296 (1) of the Penal Code.…
Division and case type: CriminalCriminal Appeal
…NO. 211 OF 2011) ************************ JUDGMENT OF THE COURT Background [1] Antony Musasha Lubanga, (the appellant) is before us in this second appeal in which he challenges the dismissal of his first appeal by the High…
Division and case type: CriminalCriminal Appeal
…Besides, the learned trial judge’s dismissal of the appellant’s defence out of hand led to a miscarriage of justice considering that he found the appellant guilty of murder despite the unanimous opinion of the assessors that…
Division and case type: CivilMiscellaneous Application
…They therefore sought for the dismissal of the applicant's application with costs.…
Division and case type: CivilMiscellaneous Application
…2 All ER 443 in which Mr Justice Megarry held that where a judge dismissed an application for interlocutory injunction he has jurisdiction to grant the unsuccessful applicant an injunction pending an appeal against the dismissal…