Search court decisions

…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…

…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…

…Interested party (1) A person, with leave of the Court, may make an oral or written application to be joined as an interested party. (2) A court may on its own motion join any interested party to the proceedings before it…

…The Rules define an Interested Party as follows: ““interested party” means a person or entity that has an identifiable stake or legal interest or duty in the proceedings before the court but is not a party to the proceedings…

…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.…

…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.…

…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.…

…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…

…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…

…The company concurrently with that reply filed an application seeking orders to prohibit the company from advertising the petition and the removal of the petition from the file of the proceedings or in the alternative that…

…It was common ground that after my dismissal of the application to remove the petition from the proceedings or stay or strike out the same, the company came along and paid the entire principal amount owed to the petitioner…

…proceedings before the magistrates, might influence the decision of the magistrates adversely to the applicant.…

…that even a suspicion that there has been an improper interference with the course of justice’ is enough to vitiate the proceedings, an observation which has been invoked as the original of reasonable suspicion test.…

…In his affidavit in support of the application he deponed, inter alia, that he was neither served with summons to enter appearance and the plaint nor did he have any notice whatsoever of the proceedings in the suit.…

…That was clearly not true as the record of proceedings before the superior court is clear that the applicant filed a memorandum of appearance in person.…

…So far as the minute 69/93 is concerned I hereby grant leave to the applicants to apply for its judicial review and further direct that the grant of this leave shall operate as a stay of the proceedings in pursuance of this…

…minute until determination of these proceedings.…

…At the commencement of the proceedings it was agreed by consent that issues of property be dealt with at a later stage either in the same proceedings or in fresh proceedings and hence this judgment deals with dissolution…

…In costs in matrimonial proceedings except where it is shown that she has sufficient separate estate. In this case it has not been shown that the respondent has separate estate.…

…In these proceedings he is in his individual and private capacity. He is therefore being represented by another advocate of this court, Mr Mureithi Kibe.…

…in these proceedings MR PRASAD, a State Counsel, in the Attorney General's Chambers conducted the Respondent's case.…

…Since the arbitration was already in being and unless stopped, will be heard on the 18th, 19th and 24th April of this year, Mr Nagpal submitted that the arbitration did not depend in any way on the proceedings before the…

…There have been two recent cases in which this court has said that issues not before the High Court on an Originating Summons should not be decided n proceedings before it, namely Kenya Commercial Bank v James Osebe, Civil…

…The applicant has copies of the proceedings, rulings and orders in the matter before the High Court, which he asked for on May, 4, and copied his letter to the Law Society so it knows the applicant is appealing.…

…He has not referred to section 63 of the Civil Procedure Act (cap 21) which summarises the general powers of the court in regard to interlocutory proceedings. It provides, inter alia – “63.…

…53 Rule 1(3) Civil Procedure Rules (2) That the court do grant leave to the Applicant to apply for (i) An order of certiorari directed at the Respondents removing to this court for purposes of being quashed any purported proceedings…

…Discretion was exercised by the Respondent in the testing of the Applicant and it would be a futile exercise granting the Applicant leave to bring Judicial Review proceedings.…

…It is the law that proceedings on a petition presented with an illegitimate object of putting pressure on the company would be stayed as an abuse of process.…

…53 Rule 1(3) Civil Procedure Rules (2) That the court do grant leave to the Applicant to apply for (i) An order of certiorari directed at the Respondents removing to this court for purposes of being quashed any purported proceedings…

…Discretion was exercised by the Respondent in the testing of the Applicant and it would be a futile exercise granting the Applicant leave to bring Judicial Review proceedings.…