Search court decisions

…The contention by Mr Jowhal that the proceedings etc were ready for collection 37 days before they were actually collected has some substance but, with respect, it tends to ignore practicalities.…

…Notwithstanding that the letter dated October 1, 1986 states that certified and uncertified copies of the proceedings and judgment were ready, there is Mr Wandaka’s affidavit whose paragraph 3 states that the proceedings…

…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…

…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.…

…Mr Imanyara’s objections mainly were that section 5 of the Judicature Act (cap 8) had given a special jurisdiction in relation to contempt proceedings.…

…If it was the intention of the applicant now to involve certain sections from the Penal Code then the contempt proceedings should have been brought under the Penal Code.…

…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.…

…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.…

…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.…

….......................................................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…

…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.…

…It may be that this clerk also failed to serve the request for proceedings. 3.It is at this point that the application becomes very difficult.…

…The firm had also not served the request for the proceedings. That had prejudiced the appeal as well.…

…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.…

…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.…

…Mr Nowrojee for the respondent annexed to his application for the stay of a copy of the proceedings before Muli, J in the High Court but 25 pages were imperfect because the copytypists could not read the handwriting could…

…Mr Nowrojee says he will apply for a certificate of delay setting out that the Deputy Registrar of the High Court did not tell him the judgment and proceedings were ready until which meant that Mr Nowrojee and the respondent…

…The result therefore is that Patel J gave an interim judgment for the plaintiff on liability and Mr Commissioner Sampson completed the proceedings on March 24, 1987 with his assessment of damages.…

…If successful, the assessment of damages would fall away, and the suit would be heard fully, and damages assessed as part of the proceedings, on the basis of such liability found, if any.…

…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…

…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…

…The complex issues that were involved in the proceedings before the learned Judge will now be recounted.…

…That despatch is an object of the proceedings is shown by O.XXXVI, which provides that they shall be listed as soon as possible and be heard in chambers unless adjourned by a judge into a court.'.…

…As a result of those proceedings the appellant filed Criminal application number 467 of 1987 in the High Court, Nairobi.…

…As respects issues of the Constitution, if a question as to the interpretation of the Constitution of Kenya arose during the proceedings before the subordinate court and the magistrate felt there was substantial question…

…Platt J exercising the discretion of the court, refused to stay the proceedings. Hence this appeal.…

…17th day of July, 1996 in H.C.C.C NO. 2523 & 533 OF 1982) ********************* RULING OF THE COURT The present application seeks several orders namely that the appeal filed by the respondent be struck out, that contain proceedings…

…and orders of the superior court to set aside, that a Receiver appointed in respect of the applicant company do file proofs of debt and stay of proceedings.…