Search court decisions

…Statutes Government Proceedings Act, (cap 40) section 12 October 28, 1985, Bhandari J delivered the following Judgment.…

…the two employees (first and second defendants) of the Ministry of Tourism and Wildlife as game scouts and the Attorney-General (third defendant) who is made a party to the suit in terms of section 12 of the Government Proceedings…

…Notwithstanding the considerable publicity already gathered by these proceedings so far they have come to nought. As this Court is hearing the application de novo its proceedings must be written fully.…

…of law, the Court may, and shall if a party to the proceedings so requests, refer the question to the High Court.”…

…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…

…As does happen in such cases, the hearing of the arbitration proceedings was delayed.…

…The substantive order of stay of proceedings cannot be set aside by a side wind within the context of an informal application for the fixing of a hearing date, when the setting aside of the stay of proceedings was not specifically…

…A certified copy of the proceedings together with a certificate of delay confirming that the proceedings were applied for on 21st November 2002, but received on 17th February, 2003 has been availed.…

…The application is objected to on the grounds that the proceedings were not necessary for the appeal to be filed, and that there was a further delay after receipt of the proceedings which delay has not been explained, and…

…The contention by Mr Jowhal that the proceedings etc were ready for collection 37 days before they were actually collected has some substance but, with respect, it tends to ignore practicalities.…

…Notwithstanding that the letter dated October 1, 1986 states that certified and uncertified copies of the proceedings and judgment were ready, there is Mr Wandaka’s affidavit whose paragraph 3 states that the proceedings…

…Nzei asked this court to nullify all the proceedings that went on in P.M.C.C.NO. 303/95 because Mr.…

…All he did was unlawful and thus of no validity at all hence nullifying those proceedings. Mr.…

…Macharia for the applicant informs me that they obtained the proceedings on the 26th April, 1996; they, however, have not obtained a certificate of delay from the High Court to vouch-safe for that contention.…

…Macharia if those criminal proceedings were part of the record of the High Court; he told me they were not.For the life in me, I do not see how those criminal proceedings which admittedly were not before Juma, J. could be…

…The defendant entered appearance and before taking any other steps in the proceedings, it applied for stay of all further proceedings pursuant to Section 6(1) of the Arbitration Act.…

…He is not also entitled to an order to stay 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.…

…in which the judgment was given, the insurer had notice of the bringing of the proceedings”.…

…Nevertheless, subsequent to the foregoing letter, proceedings were commenced against the insured, Pauline W Kimuyu.…

…Mr Hawala has submitted that section 4 of the Government Proceedings Act was borrowed from section 2 of the Crown Proceedings Act 1947 of England and has referred to the case of Royal Aquarium and Summer and Winter Garden…

…Act, 1888, from the local justices to the County Council) were “judicial proceedings”, so that absolute privilege could be claimed in respect of remarks made there in proceedings taken for defamation.…

…An appeal may be struck out under rule 80, above, on the ground that no appeal lies or that some essential step in the proceedings has not been taken within the prescribed time.…

…In his view if the period which was required for the preparation and delivery of the copies of proceedings is excluded from computation in terms of the proviso to rule 81, above, the appeal was instituted timeously.…

…It may be that this clerk also failed to serve the request for proceedings. 3.It is at this point that the application becomes very difficult.…

…The firm had also not served the request for the proceedings. That had prejudiced the appeal as well.…

….......................................................RESPONDENT (Appeal from the High Court at Nyeri, O’Kubasu J) RULING This is an appeal against the order of the High Court sitting at Nyeri (O’Kubasu J) in objection proceedings…

…by the appeal, again as required by rule 76(1), the court also not having directed under the proviso to that sub-rule (1) that service need not be effected on the judgment-debtor as he took no part in the proceedings in…

…Nzei asked this court to nullify all the proceedings that went on in P.M.C.C.NO. 303/95 because Mr.…

…All he did was unlawful and thus of no validity at all hence nullifying those proceedings. Mr.…

…On the 14th February, 1996 the applicant applied for the proceedings and ruling and that letter was duly copied to counsel for both respondents. The proceedings were apparently supplied to the applicant within time.…

…Lepelley correctly points out, a certificate of delay is only required in respect of proceedings. There was accordingly no occasion to look for a certificate of delay.…

…or taking any other steps in the proceedings, apply to the court to stay the proceedings;" In the present case the appellant did more than just enter an appearance.…

…The appellant made no application for stay of proceedings. The appellant was a a party to an arbitration agreement within the meaning of section 6 of the Act but Mr.…