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…The suit being a nullity, the writ of summons issued in the suit by whomsoever accepted is also a nullity.…

…Therefore, the suit against him is a nullity from inception, and a nullity cannot be rectified through amendments or substitution.…

…Counsel submitted that the effect of declaring the entire administration process and the appointment of the Administrators a nullity had the legal effect of rendering void all actions undertaken by the Administrators during…

…Counsel submitted that that the action of filing the counterclaim by the joint administrators was a nullity.…

…Analysis and determination a) Whether the plaintiffs’ suit is a nullity 13. The court has considered the material and submissions on record.…

…The 2nd to 4th defendants contended that the suit against them was a nullity because they were not the legal representatives of the deceased at the time they were sued.…

…The petition against him was therefore a nullity in law and incurable, and even incapable of being taken over by a subsequently appointed personal representation, as there is nothing to take over from a nullity. d) However…

…If the case has been instituted against a dead person and that person happened to be the only person then the proceedings are a nullity and even Order 1 Rule 10 or Order 6 Rule 17 cannot be availed of to bring about amendment…

…Gona, the 1st applicant, sworn on 14th February 2024, in which he inter alia deposes that their suit commenced through the originating summons dated 27th May, 2013 was dismissed on 1st November 2023 on account of being a nullity…

…That as it is apparent Haiderali Popat Teju, the defendant, had died in 2002, about eleven (11) years before the filing of this suit, ELC No. 109 of 2013, the same is hereby struck out for being a nullity. b.…

…Gona, the 1st applicant, sworn on 14th February 2024, in which he inter alia deposes that their suit commenced through the originating summons dated 27th May, 2013 was dismissed on 1st November 2023 on account of being a nullity…

…That as it is apparent Haiderali Popat Teju, the defendant, had died in 2002, about eleven (11) years before the filing of this suit, ELC No. 109 of 2013, the same is hereby struck out for being a nullity. b.…

…The Commissioner of Lands had no power to alienate public land and any action taken without due authorization is a nullity. We cite the case of Said Bin Seif v.…

…Shariff Mohammed Shatry, (1940)19 (1) KLR 9, and reiterate that an action taken by the Commissioner of Lands without legal authority is a nullity; such an action, however, technically correct, is a mere nullity, and not only…

…Ltd.[1961] 3 All E.R 1169, Lord Denning stated as follows at page 1172 concerning an act which is a nullity: “If an act is void, then it is in law a nullity. It is not only bad but incurably bad.…

…Sixth, the title was also tainted with nullity in that the court process on the basis of which the title to the suit property was anchored was subsequently declared null and void abinitio.…

…The grounds on which the Court may make a decree of nullity of marriage include the willful refusal of the Respondent to consummate the marriage and the fact that consent of the Petitioner to the marriage was obtained by…

…It is clear that the marriage between the parties was voidable because it exists until the court pronounces a decree of nullity at the instigation of the Petitioner.…

…The Commissioner of Lands had no power to alienate public land and any action taken without due authorization is a nullity. We cite the case of Said Bin Seif v.…

…Shariff Mohammed Shatry, (1940)19 (1) KLR 9, and reiterate that an action taken by the Commissioner of Lands without legal authority is a nullity; such an action, however, technically correct, is a mere nullity, and not only…

…The absence of sale agreements, consideration, and head lessor, the government of Kenya consent renders each transfer a legal nullity.…

…Ltd [1961] 3 All ER 1169, if an act is void, then it is in law a nullity. It is not only bad, but incurably bad.…

…The plaintiff has contended that since the said award was made without jurisdiction and as such was a nullity, the Chief Magistrate’s court similarly had no jurisdiction to adopt the same.…

…tribunal which was itself a nullity.…

…Under section 14 of the Matrimonial Causes Act a marriage may be declared a nullity on inter alia grounds that: “14(1)(b) the marriage had not been consummated owing to the willful refusal of the respondent to consummate…

…It is on this limb that I declare the union a nullity and therefore void. Costs of this petition shall be borne by the respondent. Delivered and dated this 10th day of December 2010 at Malindi. H. A. Omondi JUDGE Mr.…

…Firstly he argued that the petition served had not been sealed or signed by the court and as such was a nullity. In support of this contention he referred the court to the case of R. vs H.…

…Sharma (11949) 2 All ER 207 in which at page 210, Lord Goddad stated at letters A to D that lack of such matters if required b y a statute as a condition precedent renders the document a nullity.…

…An Order for substitution without revival would be a nullity in law and of no effect. See Kenya Farmers’ Cooperative Union Ltd above.…

…The suit against the 1st Defendant is a nullity and does not exist. Resultantly, I have no jurisdiction to grant any orders respecting the substitution of the proposed 1st Defendant.…

…and as such, not even an amendment can breathe life into the nullity.…

…Even if the representative were identified it is not possible to take over a nullity. 25.…

…Instance Division of the East African Court of Justice dealt with a similar application and held that: “… At the end of the day, if their appeal hereat succeeds, the whole proceedings of the lower court will be declared a nullity…

…the twin question of whether the suit had abated and or is time barred goes to the court’s jurisdiction to proceed with this suit, and being aware that if the appeal succeeds the proceedings before this court will be a nullity…

…the suit property that was capable of being lawfully transferred to the 4th defendant; that the alleged possession of the property by the 4th defendant does not confer upon it any proprietary interest as the title was a nullity…

…and void ab initio; that the suit property having been reserved for a specific purposes was incapable of being allocated and any subsequent transfer to the 4th defendant was a nullity and void; that the purported allotment…

…the suit property that was capable of being lawfully transferred to the 4th defendant; that the alleged possession of the property by the 4th defendant does not confer upon it any proprietary interest as the title was a nullity…

…and void ab initio; that the suit property having been reserved for a specific purposes was incapable of being allocated and any subsequent transfer to the 4th defendant was a nullity and void; that the purported allotment…