Case law
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Division and case type: Environment and Land CourtCivil Suit
…in the Schedule. 4.The Mediation Deputy Registrar or such other designated officer shall, upon the filing of the certificate of non-compliance, refer the file back to the trial court.”…
…Rule 30 (b) states that the mediation process shall come to an end upon the filing of a non-compliance report. It therefore means that the mediation process herein has come to an end.…
Division and case type: Environment and Land CourtCivil Suit
…in the Schedule. 4.The Mediation Deputy Registrar or such other designated officer shall, upon the filing of the certificate of non-compliance, refer the file back to the trial court.”…
…Rule 30 (b) states that the mediation process shall come to an end upon the filing of a non-compliance report. It therefore means that the mediation process herein has come to an end.…
Division and case type: High Court CivilCivil Suit
…Compliance was required within three days.…
…It did not require partial compliance. It did not authorise phased compliance. It did not permit removal only after individual links had been pointed out by the applicants.…
Division and case type: Environment and Land CourtCivil Suit
…In the case of non-compliance with an order for supply of particulars and discovery, it is settled that where there has been deliberate, wilful and contumelious non-compliance, the court may exercise it penal jurisdiction…
…by issuing peremptory orders to enforce such compliance and in default thereof, striking out the pleading.”…
Division and case type: Environment and Land CourtCivil Suit
…for compliance with the order of 2nd October 2023. 11. …
…The main reason why the applicant has sought for this suit to be struck out is non-compliance with the Court order on security for costs by the Plaintiff.…
Division and case type: Environment and Land CourtCivil Suit
…He points out, crucially so, that the suit was not dismissed for want of attendance but for want of compliance with court orders.…
…more interested in the fact that the plaintiff should comply with its orders to enable the suit to progress to its conclusion, and want of attendance, though instrumental in kicking in the order of dismissal for want of compliance…
Division and case type: Environment and Land CourtCivil Suit
…I have considered the Defendants’ application to be allowed to file defence and compliance documents. I have also considered the submissions by both sides.…
…I find no merit in the Defendants’ new application for leave to file defence and compliance documents at this stage.…
Division and case type: Environment and Land CourtCivil Suit
…I have considered the application by the first defendant for adjournment and for leave file fresh compliance documents. I have also considered the submissions by all counsels.…
…At no point did the defendants ever raise the issue of filing fresh compliance documents. If the previous defence counsels acted contrary to instructions, then the first defendant knows what to do.…
Division and case type: High Court DivCivil Suit
…Angote on 26th February, 2018 and there is no reason for this court to interfere especially since the defendant has proved compliance with the order.…
…Compliance with an order is not a favour to the court or to the other party. It must be complied with as it is.…
Division and case type: Environment and Land CourtCivil Suit
…Orders of the court are not discretion to a party for compliance. Consequently, the Defendant is found guilty of contempt of the orders issued on 13th March, 2023 and 17th December, 2025.…
…Consequently, as regards the non-compliance of the orders issued on 13th March, 2023, the Defendant is hereby sentenced to six (6) months in prison and in the alternative a fine of Kshs.600,000/-.…
Division and case type: Environment and Land CourtCivil Suit
…THAT this Honourable court be pleased to stay the hearing and determination of this suit pending a report by the Interested Party on the level of compliance with the environmental laws and/or regulations on the telecommunication…
…It demands strict compliance with it on the part of a project proponent prior to project implementation.…
Division and case type: Environment and Land CourtCivil Suit
…The Plaintiff further avers that she has taken active steps towards compliance and prosecuting the suit.…
…The Plaintiff pleads that it would be unjust and prejudicial to the Estate she represents if the suit was dismissed on the basis of procedural non-compliance while the dispute between the parties remain unresolved.…
Division and case type: Environment and Land CourtCivil Suit
…I have considered the First Defendant’s application for more time to file defence and compliance documents and the submissions thereon.…
…I order that: The Defendants to file and serve defence and compliance documents within 21 (Twenty One) days from today. Mention on 3rd December 2024 for pre-trial directions. Mention Notice to issue.…
Division and case type: Environment and Land CourtCivil Suit
…The Deputy Registrar and the County Land Surveyor shall co-ordinate this site visit with the parties for compliance.…
…The matter will be mentioned before this Court on 22.07.2025 to confirm compliance and take further direction. In the meantime, the Deputy Registrar is directed to ensure proceedings are typed.…
Division and case type: Environment and Land CourtCivil Suit
…She stated that the application arises from the respondents’ non-compliance with the orders of the court as stipulated in judgment and that redress can be sought from the court at any time to enforce compliance, and that…
…this court has jurisdiction to deal with any issues brought up by parties arising from non-compliance with its orders in judgment.…
Division and case type: High Court CivilCivil Suit
…Whereas this matter was listed for mention by parties on 30.4.2024 for purposes of confirming compliance with the directions made then, Mr.…
…Mention on 24.9.2024 to confirm compliance and take further directions. Dated, delivered and signed this 3rd day of July, 2024.…
Division and case type: Environment and Land CourtCivil Suit
…Before court is a Notice of Motion dated 24th March, 2025 filed by the Applicant seeking the following orders; (a) Spent (b) That the time within which the applicant was to deposit the taxed costs in compliance with the court…
…(c) Spent (d) That the sum of Kshs. 187,664.00 deposited in this Honourable court on 20.3.2025 representing the taxed costs be deemed to have been so deposited in compliance with court’s conditional stay order made on 20.6.2024…
Division and case type: High Court DivCivil Suit
…The Defendant argues that the consistency in valuation demonstrates accuracy and compliance with Section 97 of the Land Act.…
…Whether the Defendant lawfully exercised its statutory power of sale, including compliance with the issuance and service of statutory notices; b.)…
Division and case type: High Court CivilCivil Suit
…The Applicants' case is founded on alleged non-compliance with the mandatory provisions governing the exercise of the statutory power of sale.…
…There is equally no dispute that they fell into arrears, thereby entitling the Respondent, subject to compliance with the law, to invoke the remedies available under the charge and the Land Act. 18.…
Division and case type: Environment and Land CourtCivil Suit
…the Court’s jurisdiction demonstrates compliance. 31. …
…This balances the statutory bar with the Plaintiff’s right to access justice once compliance is achieved. …