Case law
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Division and case type: CivilCivil Appeal
…The prohibition was statutory and absolute and was not therefore challengeable under procedural provisions of the Civil Procedure Rules, more specically Order 49 rule 5 which made provision for the enlargement of time.…
…The prohibition was absolute and any other interpretation or view of the particular provision would be doing violence to the very clear provision of section 9(3). Application refused.…
Division and case type: CivilMiscellaneous Application
…Section 8(1) of the Act enjoins that High Court shall not in the exercise of its civil or criminal jurisdiction issue any order of prerogative writs of mandamus prohibition or certiorari.…
…It merely deleted the existing rule 53 according to which no application for an order of mandamus prohibition or certiorari may be made unless leave therefore has been granted.…
Division and case type: CivilMiscellaneous Application
…LAW COURTS) JUDICIAL REVIEW MISCELLANEOUS APPLICATION E167 OF 2025 RE ABURILI, J DECEMBER 22, 2025 IN THE MATTER OF:- AN APPLICATION BY HUSSEIN MOHAMED ADAN FOR LEAVE TO APPLY FOR JUDICIAL REVIEW AND ORDERS OF CERTIORARI, PROHIBITION…
Division and case type: CivilCivil Appeal
…Application No. 646/04 (646/04) on 27th May, 2004 and sought judicial review orders of prohibition, mandamus and certiorari which were granted on 10th June, 2004 as follows: - “1.…
…THAT an order of prohibition be and is hereby issued prohibiting the Respondent, its servants and/or agents from obstructing the applicants from taking delivery of the applicant’s sugar consignment when the applicants have…
Division and case type: CivilCivil Appeal
…judicial review order of certiorari to quash the Resident Magistrate’s order of 6th March 2006 in CMCC number 817 of 2006 restraining the Respondent from selling the vehicle as the same was given without jurisdiction and prohibition…
Division and case type: CivilCivil Appeal
…In that case Mr Blackburn who lived in London with his wife who was a ratepayer, applied successfully for an order of prohibition against the council to stop them acting in breach of their statutory duty to prevent the exhibition…
Division and case type: Anti-CorruptionCivil Appeal
…(b) There was no evidence that the employee was aware of any prohibition to drive as alleged; (c) The employee was not called to give evidence, the onus of proof in such cases being always on the employer; (2) The learned…
…Even accepting that as express prohibition, using the vehicle along Thika/Garissa Road was, at worst, disobedience of the employer’s command while doing that which he (the servant) was employed to do, for he was employed…
Division and case type: CivilCivil Appeal
…I can read no prohibition in rules 7(2) and 8 to a plaintiff applying under rule 8 to set aside a dismissal of a suit under rule 4(1).…
Division and case type: CivilCivil Appeal
…The compliance with the rules of natural justice is emphasised in Halsbury’s Laws of England, Third Edition Volume II para 122 at page 65 that: “An order of prohibition may be granted to restrain, and an order of certiorari…
Division and case type: CivilCivil Appeal
…Prior to the early sixties, it was thought that what were then the prerogative orders of certiorari, prohibition and mandamus only lay against persons or bodies with judicial or quasi-judicial functions and did not apply…
…The types of reliefs available in judicial review proceedings are certiorari, prohibition, mandamus, claims for a declaration or injunction and for damages.…
Division and case type: CivilCivil Appeal
…Since there is a complete prohibition of a muslim woman marrying a nonmuslim and then if a muslim man married to a muslim woman renounces the Islamic faith the marriage is dissolved at the time of renouncing the Islamic faith…
Division and case type: CivilCivil Appeal
…It has also been submitted that the English sections introduced by amendment contain no prohibition which would preclude joinder of nonmembers in a winding-up Petition and that the procedure is the same for petitions under…