Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CivilCivil Case
…No suit should be summarily dismissed unless it appears so hopeless that it plainly and obviously discloses no reasonable cause of action and is so weak as to be beyond redemption and incurable by an amendment.…
…If a suit shows a mere semblance of a cause of action, provided it can be injected with real life by amendment, it ought to be allowed to go forward for a court of justice ought not to act in darkness without the full facts…
Division and case type: CivilCivil Case
…To this submission the State Counsel pointed to the Criminal Law (Amendment) Act No 5 of 2003 section 193A dealing with “concurrent criminal and civil proceedings” which states: “Notwithstanding the provisions of any other…
…Regarding Criminal Law Amendment section 193A there is here no case for stay or delaying criminal proceedings. It is clear that the lower court criminal case was closed. No plea was taken.…
Division and case type: CivilCivil Case
…An amendment permitted by the court was to the effect that the alternative prayer was brought under Order 44, rule 1 of the Civil Procedure Rules (the Rules).…
Division and case type: CivilCivil Case
…A parallel situation as regards the amendment of the rules might be said to have occurred in England in relation to extension of time.…
…Under the law as it was conceived to be before the amendment, such a mistake was considered to be in no circumstances a sufficient ground.…
Division and case type: Milimani Commercial CourtsCivil Case
…The crux of the plaintiff’s application is that the defendant is charging additional and illegal interest in contravention of Section 44 of the Banking Act as read with Section 39 of the Central Bank of Kenya (Amendment)…
Division and case type: CivilCivil Case
…As the amendment to the defence raising the Barraclough v Brown issue was raised by the Court at a very later stage, I award the defendants 1/3 of his costs.…
Division and case type: CivilCivil Case
…The court after hearing the argument allowed the amendments. The plaintiff ‘s evidence is that she constructed her kiosk in 1981 while she was working with the City Council. She then retired to run it.…
…There being no room for this in the pleading and in the absence of the amendment, this court cannot find any ground for awarding aggravated damages in addition to damages for loss of business in addition to exemplary damages…
Division and case type: CriminalCriminal Case
…He therefore asserted that on 30th June, 2020 when the said witness testified and disclosed the place where the offence took place, the Director of Public Prosecutions (DPP) had a duty to make an amendment to the charge.…
…Masila submitted that under Section 214 of the (CPC), amendment of a charge can be made at any time before the closure of the prosecution case.…
Division and case type: Milimani Commercial CourtsCivil Case
…It is correct that this defence was raised for the first time when the trial was about to commence, but when I allowed the amendment to the defence Mr Malik was quite content to proceed without seeking an adjournment: if…
Division and case type: Milimani Commercial CourtsCivil Case
…Amendment) Act (Act No. 6, 2009), Order XXXIX Rules 1, 2, 3 and 9, Order V Rule 17 (1) of the Civil Procedure Rules, and Section 3A of the Civil Procedure Act.…
Division and case type: CivilCivil Case
…The Defendants on their part opine that since no documentation was produced to show the precise earnings of the Deceased, the Court ought to employ the Minimum Wage (General/Amendment) Order 2017, which set the minimum wage…