Case law
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Division and case type: CivilCivil Suit
…He argued his case on the bases of order VIA rule 3 of the Civil Procedure Rules and maintained that such an amendment required the approval of the court.…
…It provides: “(1) A party may, without the leave of the court, amend any pleading of his once at any time before the pleadings are closed” and that the amendment dated from the date of the plaint.…
Division and case type: Constitutional and Human RightsPetition
…CONSTITIUTION OF THE REPUBLIC OF KENYA IN THE MATTER OF: THE ALLEGED CONTRAVENTION OF THE FUNDAMENTAL RIGHTS AND FREEDOMS UNDER SECTION 70,72,75 & 78 OF THE CONSTITUION OF KENYA IN THEMATTER OF: THE CONSTITUTIONAL REVIEW AMENDMENT…
…nugatory.He said that the application must be heard and a ruling given before 7.01.10 since the CoE must present their report to the 3rdRespondent by 7.01.2010 under the provisions of Section 32 of the constitution Review Amendment…
Division and case type: FamilySuccession Cause
…EXECUTOR/RESPONDENT R U L I N G Although in this summons dated 19th September 2002 the Respondent, Frasia Wanjiku Kariuki, was served and has failed to come up to oppose the application requiring rectification or amendment…
Division and case type: CriminalCriminal Appeal
…Count 2: Being in possession of a firearm contrary to S. 4(1) of the Firearms Act as read with Firearms (Amendment) Act No. 8 of 1988.…
Division and case type: COMMERCIAL DIVISIONCivil Suit
…The 3rd defendant was brought in these proceedings by an amendment of the plaint amended on 19th March 2001. The 3rd defendant filed his defence on 7th May 2001.…
Division and case type: CivilCivil Case
…To this submission the State Counsel pointed to the Criminal Law (Amendment) Act No 5 of 2003 section 193A dealing with “concurrent criminal and civil proceedings” which states: “Notwithstanding the provisions of any other…
…Regarding Criminal Law Amendment section 193A there is here no case for stay or delaying criminal proceedings. It is clear that the lower court criminal case was closed. No plea was taken.…
Division and case type: CriminalCriminal Appeal
…On December 1, 1986 notice was filed of amendment of petition of appeal.…
…The effect of the notice of amendment was that the appellant amended his earlier petition of appeal by abandoning the grounds of appeal contained in it and replacing them with the grounds of appeal contained in the amended…
Division and case type: CivilCivil Case
…An amendment permitted by the court was to the effect that the alternative prayer was brought under Order 44, rule 1 of the Civil Procedure Rules (the Rules).…
Division and case type: FamilySuccession Cause
…An amendment permitted by the court was to the effect that the alternative prayer was brought under Order 44, rule 1 of the Civil Procedure Rules (the Rules).…
Division and case type: Milimani Commercial CourtsCivil Case
…The crux of the plaintiff’s application is that the defendant is charging additional and illegal interest in contravention of Section 44 of the Banking Act as read with Section 39 of the Central Bank of Kenya (Amendment)…
Division and case type: CivilCivil Case
…As the amendment to the defence raising the Barraclough v Brown issue was raised by the Court at a very later stage, I award the defendants 1/3 of his costs.…
Division and case type: CivilCivil Case
…The court after hearing the argument allowed the amendments. The plaintiff ‘s evidence is that she constructed her kiosk in 1981 while she was working with the City Council. She then retired to run it.…
…There being no room for this in the pleading and in the absence of the amendment, this court cannot find any ground for awarding aggravated damages in addition to damages for loss of business in addition to exemplary damages…
Division and case type: CriminalCriminal Case
…He therefore asserted that on 30th June, 2020 when the said witness testified and disclosed the place where the offence took place, the Director of Public Prosecutions (DPP) had a duty to make an amendment to the charge.…
…Masila submitted that under Section 214 of the (CPC), amendment of a charge can be made at any time before the closure of the prosecution case.…
Division and case type: Constitutional and Human RightsPetition
…and has proved that she was a wife of Meshack and therefore entitled to Letters of Administration and inheritance of Meshack’s estate together with her six sons in accordance with Statute Law (Repeal and Miscellaneous) Amendment…
…To my mind the amendment of law in 1981 envisaged situation where a man set off and decided to bring up another family but voluntarily. A decision taken by the two people to the exclusion of any other relationship.…
Division and case type: Constitutional and Human RightsPetition
…He therefore asserted that on 30th June, 2020 when the said witness testified and disclosed the place where the offence took place, the Director of Public Prosecutions (DPP) had a duty to make an amendment to the charge.…
…Masila submitted that under Section 214 of the (CPC), amendment of a charge can be made at any time before the closure of the prosecution case.…
Division and case type: FamilySuccession Cause
…The application dated 29/12/1999 seeks mainly for the amendment of Forms P&A 5 filed herein to include parcel number Kabete/Lower Kambete/885 or the resultant Subdivided parcels and parcel, number T.177 lower Kabete.…
Division and case type: CivilMiscellaneous Application
…Section 47 excepted here provides for procedure in Amendment of the Constitution. It, therefore, becomes a matter of construction how to adjudicate Fundamental Rights. The Indian Emeritus Professor Dr. Mr.…
Division and case type: Constitutional and Human RightsElection Petition
…Constitution which is supreme and sovereign it is no doubt true that the Constitution itself can be amended by the Parliament, but that is possible because art 368 of the Constitution itself makes provision in that behalf, and the amendment…
Division and case type: Constitutional and Human RightsElection Petition
…Constitution which is supreme and sovereign it is no doubt true that the Constitution itself can be amended by the Parliament, but that is possible because art 368 of the Constitution itself makes provision in that behalf, and the amendment…
Division and case type: CivilMiscellaneous Application
…This amendment has been criticised by the High Court in High Court Civil Application No 790 of 1993 in which Bosire, Mbogholi and Oguk JJ have held that the present amended rule 1 which says that an application for an order…