Search court decisions

…Statutes Government Proceedings Act, (cap 40) section 12 October 28, 1985, Bhandari J delivered the following Judgment.…

…the two employees (first and second defendants) of the Ministry of Tourism and Wildlife as game scouts and the Attorney-General (third defendant) who is made a party to the suit in terms of section 12 of the Government Proceedings…

…PYRETHRUM GROWERS CO-OP LTD & 9 OTHERS…… DEFENDANTS RULING At the opening of the hearing inter partes of an application by the plaintiffs for an injunction, the counsel for the defendants took a preliminary objection to the proceedings…

…Further, the 1st Respondent averred that the instant proceedings offend the provisions of Section 21 (1) and (4) of the Government Proceedings Act, and Order 29, Rule (2) and (4) of the Civil Procedure Rules, because the…

…It was further submitted that other Constitutional Commissions which are similar to the 1st Respondent have been declared by the Courts not to be shielded by the Government Proceedings Acts, from Garnishee proceedings.…

…(c) Where proceedings have been instituted in the name of the wrong person as petitioner or where it is doubtful whether it has been instituted in the name of the right petitioner, the court may at any stage of the proceedings…

…To be added to proceedings as interested party, an applicant must demonstrate that they have a recognizable stake in the proceedings. 12.…

…Dispute the Petitioner being aware of all these proceedings, he tactfully failed to disclose them in this Petition with a view of misleading the Court.…

…The first issue for determination is the legality of the proceedings known as the MINISTER’S APPEAL NO.139 OF 1998.…

…The Applicant further seeks for orders of stay of proceedings in this court pending the hearing and determination of the intended appeal. 2.…

…That stay of proceedings is a grave judicial action which seriously interferes with the right of a litigant to access justice.…

…for stay of proceedings pending appeal; court not persuaded that in the circumstances of the case it is proper to issue a stay of proceedings; court reasoning that the issues appealed from in the preliminary objection can…

…Therefore, the test for stay of proceedings is high and stringent.” 9.…

…That Section 21 of the Government Proceedings Act does not include state agencies or state corporations.…

…In garnishee proceedings, the third party indebted to the judgment debtor is called the garnishee.…

…That the Judicial review proceedings did not challenge the procedure of the proceedings in the tribunal.…

…Disputes Tribunal and which I perused and noted the outcome of the proceedings thereof.…

…The appeal may be heard and, if successful, the proceedings in the superior court would be determined in accordance therewith.”…

…The Proceedings in the Lower Court may continue and even be determined but if the Appellant were to succeed in its appeal the proceedings in the Lower Court will be rendered unnecessary and the court hearing the appeal may…

…The appeal may be heard and, if successful, the proceedings in the superior court would be determined in accordance therewith.”…

…The Proceedings in the Lower Court may continue and even be determined but if the Appellant were to succeed in its appeal the proceedings in the Lower Court will be rendered unnecessary and the court hearing the appeal may…

…The commencement of this Petition, with full knowledge of the prior proceedings and their outcome, is in this Court's view an abuse of the court process of the most manifest kind.…

…This Court is satisfied that the matter directly and substantially in issue in the present Petition was directly and substantially in issue in the prior proceedings, that those proceedings were between the same parties or…

…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.…

…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…

…However, the conduct evident in this case is that the respondent’s father participated in the tribunal proceedings and even attended the proceedings adopting the award of the tribunal as a judgment of the court on 5/3/2009…

…He is now adequately represented by the Attorney General in these proceedings.…

…ANALYSIS AND DETERMINATION The issue herein revolves around garnishee proceedings.…

…The 1st Respondent’s contention was that the present garnishee proceedings contravene Section 21(1), (4) and (5) of the Government Proceedings Act and Order 29 (2) and (4) of the Civil Procedure Rules.…

…Notice of Motion dated 12th January 2024 and the garnishee proceedings against Co-Operative Bank are marked withdrawn. Regarding costs, the law is that they follow the event.…

…The event here is that garnishee proceedings which were commenced by the 3rd Respondent against Co-Operative Bank have been withdrawn.…

…She provided an executive summary of the court proceedings and analysis to illustrate the alleged miscarriage of justice (Annexure J). 5.…

…She averred that all affected parties, including Rehana Deen, had received adequate notice and opportunity to participate in the proceedings.…

…The Petitioner averred that the 1st Respondent is not subject to the Government Proceedings Act, Chapter 40 Laws of Kenya.…

…which have been commenced in contravention of express and mandatory provisions of Section 68 (a) and (b) of the Kenya Roads Act, as read with the Section 21 (4) of †he Government Proceedings Act.…