Judgment[1993] KEHC 140
Case law
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Division and case type: CivilCivil Case
…Applying those principles to the instant case, requires a look at the pleadings, proceedings and judgment in the former case, and a look at the pleadings and issues in the present case. What I find is this.…
…Middlesex Justices Ex parte Bond [1933] 2 K B I at p 9; that the development of fresh circumstances (as distinguished from a mere discoverey of fresh evidence on matters which have been open for controversy in the earlier proceedings…
Division and case type: CriminalCriminal Appeal
…The oral application made by the children’s officer, without any affidavit in support denied the appellant an opportunity of challenging the whole proceedings. The procedure adopted was wrong.…
Division and case type: CivilMiscellaneous Application
…of the child provides as follows:- “(1) In all actions concerning the child undertaken by any person or authority the best interests of the child shall be the primary consideration. (2) In all judicial or administrative proceedings…
…affecting a child who is capable of communication his/her own views, an opportunity shall be provided for the views of the child to be heard either directly or through an impartial representative as a party to the proceedings…
Division and case type: Constitutional and Human RightsPetition
…of the child provides as follows:- “(1) In all actions concerning the child undertaken by any person or authority the best interests of the child shall be the primary consideration. (2) In all judicial or administrative proceedings…
…affecting a child who is capable of communication his/her own views, an opportunity shall be provided for the views of the child to be heard either directly or through an impartial representative as a party to the proceedings…
Division and case type: CivilCivil Case
…Nowhere in the proceedings before the clan members under the area Asst Chief did Nkonge come up to say that he witnessed the defendant giving the plaintiff some Shs 1,500/-.…
Division and case type: FamilySuccession Cause
…the provisions of Rule 63 of the Probate and Administration Rules, which clearly states the following provisions of Civil Procedure Rules, namely Order V,X,XI,XV,XVII,XXV,XLIV, and XLIX shall apply for far as relevant to proceedings…
Division and case type: CivilCivil Case
…In interlocutory proceedings such as the present one, however, statements as to a deponent’s information or belief are admitted, provided the sources and grounds thereof are stated.…
…Although in interlocutory proceedings an affidavit may contain statements as to the deponent’s information or belief if the source of the information and grounds of believe are stated (see order 18, rule 3(1) of our Civil…
Division and case type: CivilCivil Appeal
…The learned magistrate should have firmly resisted the request for ex-parte orders so as to streamline the proceedings.…
Division and case type: CivilCivil Case
…According to the records of the arbitrator filed in court for what it is worth, the 1st Defendant is recorded to have stated as follows in page 5 of the proceedings- "In September, 1987, I saw the 2nd Defendant who wanted…