Case law
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Division and case type: Milimani Commercial CourtsMiscellaneous Application
…itself, some of the relevant factors to take into account include the nature and importance of the course or matter, the amount or value of the subject matter involved, the interest of the parties, the general conduct of the proceedings…
…First, it must be appreciated that in the case of AHMEDNASIR ABDIKADIR & COMPANY ADVOCATES –VSPOSTAL CORPORATION OF KENYA (supra), the taxation of the Advocate/Client Bill of Costs came about in the middle of the ongoing proceedings…
Division and case type: CivilCivil Appeal
…As does happen in such cases, the hearing of the arbitration proceedings was delayed.…
…The substantive order of stay of proceedings cannot be set aside by a side wind within the context of an informal application for the fixing of a hearing date, when the setting aside of the stay of proceedings was not specifically…
Division and case type: CivilMiscellaneous Application
…A certified copy of the proceedings together with a certificate of delay confirming that the proceedings were applied for on 21st November 2002, but received on 17th February, 2003 has been availed.…
…The application is objected to on the grounds that the proceedings were not necessary for the appeal to be filed, and that there was a further delay after receipt of the proceedings which delay has not been explained, and…
Division and case type: CivilCivil Appeal
…Nzei asked this court to nullify all the proceedings that went on in P.M.C.C.NO. 303/95 because Mr.…
…All he did was unlawful and thus of no validity at all hence nullifying those proceedings. Mr.…
Division and case type: CivilCivil Appeal
…Macharia for the applicant informs me that they obtained the proceedings on the 26th April, 1996; they, however, have not obtained a certificate of delay from the High Court to vouch-safe for that contention.…
…Macharia if those criminal proceedings were part of the record of the High Court; he told me they were not.For the life in me, I do not see how those criminal proceedings which admittedly were not before Juma, J. could be…
Division and case type: CivilCivil Appeal
…The defendant entered appearance and before taking any other steps in the proceedings, it applied for stay of all further proceedings pursuant to Section 6(1) of the Arbitration Act.…
…He is not also entitled to an order to stay proceedings.…
Division and case type: CivilCivil Appeal
…in which the judgment was given, the insurer had notice of the bringing of the proceedings”.…
…Nevertheless, subsequent to the foregoing letter, proceedings were commenced against the insured, Pauline W Kimuyu.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…The appellant sought to have an order for retrial, asserting that it was in the interests of justice to order a retrial where the record of proceedings has been tampered with in an appeal, and fair hearing cannot be achieved…
…The record shows that the complaint relating to the record of appeal was in fact raised and addressed during the proceedings.…
Division and case type: Environment and LandCivil Appeal
…Accordingly, this court has no jurisdiction to hear and determine stale proceedings. 19.…
…It follows that this court cannot watch and not see and or not hear irregular proceedings being conducted and leave those proceedings to remain on record. 22.…
Division and case type: CivilCivil Appeal
…An appeal may be struck out under rule 80, above, on the ground that no appeal lies or that some essential step in the proceedings has not been taken within the prescribed time.…
…In his view if the period which was required for the preparation and delivery of the copies of proceedings is excluded from computation in terms of the proviso to rule 81, above, the appeal was instituted timeously.…
Division and case type: CivilCivil Appeal
….......................................................RESPONDENT (Appeal from the High Court at Nyeri, O’Kubasu J) RULING This is an appeal against the order of the High Court sitting at Nyeri (O’Kubasu J) in objection proceedings…
…by the appeal, again as required by rule 76(1), the court also not having directed under the proviso to that sub-rule (1) that service need not be effected on the judgment-debtor as he took no part in the proceedings in…
Division and case type: CivilCivil Appeal
…On the 14th February, 1996 the applicant applied for the proceedings and ruling and that letter was duly copied to counsel for both respondents. The proceedings were apparently supplied to the applicant within time.…
…Lepelley correctly points out, a certificate of delay is only required in respect of proceedings. There was accordingly no occasion to look for a certificate of delay.…
Division and case type: CivilCivil Appeal
…or taking any other steps in the proceedings, apply to the court to stay the proceedings;" In the present case the appellant did more than just enter an appearance.…
…The appellant made no application for stay of proceedings. The appellant was a a party to an arbitration agreement within the meaning of section 6 of the Act but Mr.…
Division and case type: CivilCivil Appeal
…Civil Application number 261 of 2006 had stayed all further proceedings in the matter. The learned Principal Magistrate overruled that arguement and ordered the applications to proceed.…
…His oral application to stay the proceedings pending the appeal against the Magistrate’s ruling that the matter proceeds was frivolous and intended to achieve the same purpose.…
Division and case type: CivilMiscellaneous Application
…It is, therefore, clear that as at 20 May, 1998 the proceedings and judgment were ready for collection and, in my view, that is the date on which time commenced to run.…
…First, paragraph 8 refers to certified copies of proceedings and judgment. Rule 81 under which the Certificate of Delay has been issued provides for an extension in respect not of certified copies but merely copies.…
Division and case type: CivilMiscellaneous Application
…He must also demonstrate that this court has jurisdiction to entertain the proceedings. 3.…
…Be as it may, it is clear that the proceedings before the Tribunal were under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap 301 of Laws of Kenya.…
Division and case type: CivilMiscellaneous Application
…Certified copies of proceedings and judgment were applied for by a letter dated July 22, 1980. Followed by several reminders.…
…Cannot be invoked unless a copy of the letter to the registrar asking for certified copied of proceedings and judgments is copied to and sent to the respondent to the intended appeal by their advocate within 30 days of the…
Division and case type: CivilMiscellaneous Application
…These proceedings were contained in Document No. 5 and it is in respect of these proceedings that the Order of Certiorari was sTohueg htc obuyn setlhes afpoprl itchaen t.Registrar of Trade Unions and the Banking, Insurance…
…Rule 7 (1) of Order LIII of the Civil Procedure Rules, where relevant in regard to proceedings, requires a copy of the said proceedings verified by affidavit to be lodged with the Registrar of this court before the hearing…
Division and case type: CivilCivil Appeal
…He applied on some unspecified date for a certified copy of the first appeal proceedings and judgment and did not obtain them until November 30, 1983.…
…The law cited to Mr Justice Gicheru included section 6 Judicature Act (Cap 8), section 4(5) Government Proceedings Act (Cap 40) and Davis & Shirtliff Ltd v AttorneyGeneral, Court of Appeal 21 of 1978.…
Division and case type: CivilCivil Appeal
…Gichuhi Wakahihia and Charles Gitonga the fourth and fifth defendants do not appear anywhere in the proceedings.…
…The point here is not of fresh evidence but the point of law which underlie the proceedings the effect of which render the proceedings a nullity.…