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…Therefore the misapplication thereof of that discretion can be challenged by a Constitutional reference and this means in the High Court. (5) The High Court and not the Subordinate Court has an oversight jurisdiction over…

…This necessarily means that a misapplication of that discretion can be challenged by constitution reference; and this means, in the High Court.…

…Rule 33 provides for correction of errors by stating that the court shall cause any clerical mistake, incidental error or omission to be rectified without reference to the parties and shall notify the parties of the mistake…

…Rule 33 provides for correction of errors by stating that the court shall cause any clerical mistake, incidental error or omission to be rectified without reference to the parties and shall notify the parties of the mistake…

…In making reference to Constitutional Petition No. 50 of 2020, he indicated that it came up for hearing on 28th July, 2020 before Judge E.…

…He made reference to Judge E. Ogola’s ruling in the said petition on page 11 at paragraph 21, where he captured the issue raised in the present application. Mr. Masila indicated that the matter before Judge E.…

…the orders sought in the application the grounds and facts on which the application is based on the one part as well as the grounds of opposition including the replying affidavits on the other, have omitted to make any reference…

…Salim Danji on 30.6.1998, no reference is made in paragraphs 1 and 2 of Mr. Kaptens affidavit.…

…The plaintiff in the subordinate court died while the appeal was pending and upon application by the administrator of her estate, I granted an order for substitution hence for ease of reference, I shall refer to the plaintiff…

…The application by the 4th respondent in reference to the question of service states: “THAT the petition having been served on the 4th respondent personally on the 5th of February, 1998 and by gazette Notice on the 6th of…

…Mr P Nowrojee, assisted by Mr D Maanzo argued this application as per the eleven (11) grounds set out, supported by the 1st respondent’s affidavit and with reference to the authorities that both sides put forth.…

…Reference has been made to rule 10. This rule says the following” Rule 10.…

…Yet reference was made on the absence of personal service.…

…Counsel for the applicant had also made reference to a Concise Law Dictionary .. 5th Edition where service of process is explained in relation to order 10 rule 1 (of England) where the order requires personal service.…