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…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…

…Secondly, the purported arbitration proceedings presided over by BulBul Assistant Chief Benson were null and void, in that the proceedings were held in contravention of the order of this court which stipulated that the District…

…Indeed a copy of the arbitration proceedings annexed to the affidavit clearly show that it was the Assistant Chief that took charge of the proceedings and "gave judgment" and accordingly signed the Award.…

…… in respect of a matter agreed to be offered:- (a) any party to those proceedings may at any time after appearance, and before delivering any pleadings or taking any other steps in the proceedings, apply to that Court to…

…stay the proceedings …” Mr Kituku for the defendant submitted that a party may rely on the above subsection even after delivering pleadings.…

…The proceedings arose from Criminal Case No 5167 of 1990 in the Court of the Chief Magistrate in Nairobi by way of committal proceedings prepared under part VIII of the Criminal Procedure Code.…

…The relevant records appear at pages 35, 36, 44 and 45 of the typed copy of the lower court’s proceedings.…

…These proceedings were contained in Document No. 5 and it is in respect of these proceedings that the Order of Certiorari was sTohueg htc obuyn setlhes afpoprl itchaen t.Registrar of Trade Unions and the Banking, Insurance…

…Rule 7 (1) of Order LIII of the Civil Procedure Rules, where relevant in regard to proceedings, requires a copy of the said proceedings verified by affidavit to be lodged with the Registrar of this court before the hearing…

…MCCR/E.034 of 2020, pending the hearing and determination of this revision. 3) To make an order to call for and examine the record of the proceedings in the Chief Magistrate’s court at JKIANairobi in Criminal Case No.…

…The reason being that the revising court, is only allowed to peruse the record of the proceedings and then proceed to satisfy itself that the procedure in the lower court was regular.…

…He must also demonstrate that this court has jurisdiction to entertain the proceedings. 3.…

…Be as it may, it is clear that the proceedings before the Tribunal were under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap 301 of Laws of Kenya.…

…The proceedings of this Court were in English and Swahili. They were interpreted into the Swahili language by our court clerk Mr Njoroge.…

…The proceedings, which are shown to have been in English/Swahili were as follows: Accused: “I ask that the charge be read to me again”. Court: “Fair enough” Charge read over and explained.…

…Consequently the police are completely out of these proceedings.…

…These are: (i) That the proceedings were instituted or continued by the defendant; (ii) That the defendant acted without any reasonable and probable cause; (iii) That the defendant acted maliciously and (iv) That the proceedings…

…The question that arises is how, as an appellate court, shall we proceed to determine the question and whether we are entitled to go beyond the record of the proceedings of the court below.…

…Since there is no material, except the record of the proceedings, on which we can judiciously determine the question, we must go by the record and accept as true the position stated therein.…

…He states that there has been previous proceedings and that the subject matter of the suit does not exist as plaintiff has sub-divided the land sold some parts and retained others.…

…There has been previous proceedings. In Meru High Court Civil Appeal No. 22/88.…

…So far as the minute 69/93 is concerned I hereby grant leave to the applicants to apply for its judicial review and further direct that the grant of this leave shall operate as a stay of the proceedings in pursuance of this…

…minute until determination of these proceedings.…

…There must of course exist a nuisance of the nature described for the Section to apply, since the proceedings are based upon the notice.…

…If the court is, prima facie satisfied that a nuisance has been proved to exist such as renders the premises unfit for human habitation whether or not there is a conviction, it should adjourn further proceedings so as to…

…All execution proceedings against the second are also set aside. The second defendant will file her appearance and defence, both, within the next 15 days.…

…I make no order as to costs as the second defendant could have moved Court to set aside judgment last year when she became aware of these proceedings.…

…We have considered the argument and the principle referred to by counsel and we agree that an accused person has a right of representation by an advocate of his choice when proceedings began on June 27, 1983.…

…We are not in a position to say whether or not a notice was sent to defence counsel or that the magistrate was urged by the appellant to continue with the proceedings other than that the magistrate recorded the position as…

…But that was outside the disciplinary proceedings which the Defendant was taking against the Plaintiff.…

…The Plaintiff, at the time of disciplinary proceedings in the hands of the Defendant held the substantive post of Senior Community Development Officer in the Housing Development Department.…

….….DEFENDANT RULING The defendant has brought this application under section 6(1) of the Arbitration Act and order 50 rule 1 of the Civil Procedure Rules for an order of this court to stay the proceedings in the suit.…

…That the proceedings in this suit be stayed until the matter has been referred to arbitration and determined or further orders of this court. 2.…

…Firstly, it must be shown that there was either a legal reason for instituting criminal proceedings nor was the prosecution for public benefit but rather for personal and spiteful reasons.…

…The plaintiff did not, however, call evidence to show that the criminal proceedings were ill motivated. The circumstances leading to the loss of the tyre excited suspicion against him as the thief.…

…After the arrest of the Appellants, extradition proceedings were conducted by a Tanzanian Court which was allowed and they were handed over to C.I Cheruiyot (PW18).…

…The 1st Appellant therefore asked the Learned Trial Magistrate to stay the proceedings so that the Tanzanian High Commissioner in Kenya could arrange for them legal representation.…