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…In order for the defendants to avoid payment of the claim on this last ground it must show that its mistake rendered the contract nullity one naturally turns to the decision of the House of Lords in Bell vs Lever Brothers…

…I feel that the best and briefest statement of what that cure decided is Lord Denning (then Denning L J) in Solle vs Butcher [1950] 1 TLR at p 458, which reads: “Let me first consider mistakes which render a contract a nullity…

…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.…

…Although dealing with service under rule 15, the Court was emphatic that there being no personal service and the advertisement in the gazette being out of time, the proceedings were a nullity.…

…Failure to serve within the stipulated 10 days renders any consequential proceedings a nullity. In our view the subrule is complete and positively states what to be done by who, on who and in which time span.…

…This was a serious omission which renders the whole plea nullity and is contrary to the provisions of section 207 of the Criminal Procedure Code (cap 75, Laws of Kenya).…

…They also stated that the trial was a nullity because in most of the proceedings there was no competent prosecutor and if there was, the record did not show that.…

…MOHAMED VS REPUBLIC, Criminal Appeal No. 210 of 2003 at Mombasa (unreported) the Court of Appeal held that the mention of a case before a magistrate by an officer below the rank of inspector does not render the trial a nullity…

…She was the main player in the whole game without whose consent the exercise became a nullity.…

…That on expiry of the 28 days before service, the petition ceased to be of any efficacy and thus became a nullity thereafter.…

…The Court was told that after 28 days in fact the petition itself became invalid and therefore a nullity that even serving it by any mode could not breathe life in it. That it could all be a futile exercise.…

…That the committal proceedings in Nairobi High Court Criminal Case No 29 of 1991 are a complete nullity in law. 4.…

…He also contends that by reason of the said non-compliance the committal proceedings and the charge in H C Cr Case No 29 of 1991 are a nullity and they are therefore being held unlawfully and in violation of their fundamental…

…Whether the Charge Document is bad in law, irregular and a nullity. iii.Discrepancies in the Defendant’s own bank statements. 6.…

…was a school fees loan for Kshs. 200,000/-, which loan was secured by a charge for Kshs. 200,000/- over the suit property. 10.Secondly, the Plaintiff submitted that the Charge Document is bad in law, irregular and is a nullity…

…The notice given was therefore not valid and a nullity. There was no evidence that the notice given in June 1986 was any more efficacious. The complainant says that he agreed to quit as per the notice of 3.10.86.…

…Is the defendant entitled to the sum claimed or is the contract a nullity in law?…

…The trial court did not restate the evidence and Counsel therefore invited this court to find this judgment by the lower court is a nullity.…

…Khaminwa’s proposal that if a plea of guilty is not voluntary or is obtained by force or threats or torture or even deception, it cannot be said to be unequivocal for it would in those circumstances be a nullity to which…