Search court decisions

…The learned Resident magistrate erred in law in treating the proceedings as testate instead of intestate without a change in the pleadings. 6.…

…The proceedings and the order confirming the grant are set aside. The Summons for Confirmation of Grant and the affidavit of Protest are restored.…

…That section reads as follows: “where, in any proceedings before any court or person having by law or consent of parties authority to receive evidence, any child of tender years called as a witness does not, in the opinion…

…given upon oath, if, in the opinion of the court or such person, he is possessed of sufficient intelligence to justify the reception of the evidence, and understands the duty of speaking the truth, and his evidence in any proceedings…

…The Chief made the elders sign or thumb print the paper before the proceedings began and he then had typed out his version of what happened which was incorrect.…

…Mr Ngubuini referred to matters, which he submitted vitiated the arbitration proceedings. The Chief was related to this family and gave no reasons for his casting vote. He made no allegations against the arbitrators.…

…I have considered the application, the grounds of appeal and the proceedings. At this stage I can only state that the appeal raises arguable issues.…