Case law
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Division and case type: CivilCivil Appeal
…He applied on some unspecified date for a certified copy of the first appeal proceedings and judgment and did not obtain them until November 30, 1983.…
…The law cited to Mr Justice Gicheru included section 6 Judicature Act (Cap 8), section 4(5) Government Proceedings Act (Cap 40) and Davis & Shirtliff Ltd v AttorneyGeneral, Court of Appeal 21 of 1978.…
Division and case type: CivilCivil Appeal
…Gichuhi Wakahihia and Charles Gitonga the fourth and fifth defendants do not appear anywhere in the proceedings.…
…The point here is not of fresh evidence but the point of law which underlie the proceedings the effect of which render the proceedings a nullity.…
Division and case type: CivilCivil Case
…It is supported by an affidavit sworn on 1.9.93 by learned counsel for the applicant Mr Gikandi Ngibuini in which he deposes that he had studied the proceedings and judgment and was of the view that the appeal has overwhelming…
…interest bearing account in a bank approved by both sides in the joint names of the advocates representing the two parties. (2) The applicant to pay forthwith the respondent’s costs incurred in connection with the execution proceedings…
Division and case type: CriminalCriminal Appeal
…School had been a subject of an intense amount of litigation between the prosecutor and the appellant, and that although the proceedings initiated by the prosecutor and the appellant, and that although the proceedings initiated…
Division and case type: CivilCivil Appeal
…The complex issues that were involved in the proceedings before the learned Judge will now be recounted.…
…That despatch is an object of the proceedings is shown by O.XXXVI, which provides that they shall be listed as soon as possible and be heard in chambers unless adjourned by a judge into a court.'.…
Division and case type: CriminalCriminal Case
…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.…
Division and case type: CriminalCriminal Appeal
…I have perused the lower court record of proceedings, the pre bond report and the ruling of my sister Meoli Judge on the substantive application for bond pending appeal.…
…Otara: We pray to be served with the record of proceedings Court: Deputy Registrar to ensure that Counsels are served with record of proceedings. …................... M. MUYA JUDGE 11TH DECEMBER, 2013.…
Division and case type: CivilCase number Civil Application
…The result therefore is that Patel J gave an interim judgment for the plaintiff on liability and Mr Commissioner Sampson completed the proceedings on March 24, 1987 with his assessment of damages.…
…If successful, the assessment of damages would fall away, and the suit would be heard fully, and damages assessed as part of the proceedings, on the basis of such liability found, if any.…
Division and case type: CivilCivil Suit
…group, the Registrar may in writing require the officers of the group to produce to him evidence of either – (a) the settlement of the dispute and the proper appointment of officers of the group; or (b) the institution of proceedings…
…Sub-section (2) thereof gives a District Magistrate’s Court jurisdiction to settle disputes and make declarations for the purposes of proceedings instituted under subsection (1)(b) of the Section.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Appeal
…Rule 10(1) of order XXXVI of the Rules is in the following terms: “10 (1) Where, on an Originating Summons under this order, it appears to the Court at any stage of the proceedings that the proceedings should for any reason…
…be continued as if the cause had been begun by filing a plaint, it may order the proceedings to continue as if the cause had been so begun and may, in particular, order that any affidavits filed shall stand as pleadings,…
Division and case type: CivilCase number Civil Application
…On July 9, copies of proceedings and ruling were bespoken. Unfortunately, Mr Gikandi failed to copy this request to the respondent.…
…But the proceedings were received on August 28, 1987 and sent back for correction. They were finally received on September 7, 1987. The full 60 days had been sent on July 7, 1987.…
Division and case type: CivilCivil Appeal
…Section 9(3) of the Law Reform Act reads: “(3) In the case of an application for an order of certiorari to remove any judgment order decree conviction or other proceedings for the purpose of its being quashed, leave shall…
…It has been referred to as a chamber application throughout the typed proceedings of the Superior Court before us and we have to go by the proceedings before the Superior Court.…
Division and case type: CivilCivil Suit
…Accordingly none of the parties to it or any other person would adduce them in evidence in subsequent proceedings without the consent of the parties to it.…
…policy of the law that disputes should be amicably settled, where possible, and parties be at liberty to freely admit certain facts to facilitate a settlement without the fear of them being used against them in subsequent proceedings…
Division and case type: CriminalCriminal Appeal
…As a result of those proceedings the appellant filed Criminal application number 467 of 1987 in the High Court, Nairobi.…
…As respects issues of the Constitution, if a question as to the interpretation of the Constitution of Kenya arose during the proceedings before the subordinate court and the magistrate felt there was substantial question…
Division and case type: CivilCivil Appeal
…Counsel for the appellant also faulted the way the trial was conducted by the magistrate and the way the proceedings were recorded wh ich he contended resulted in a miscarriage of justice.…
…The records of proceedings and the evidence by the parties is so jumbled that I find it impossible to make sense of the evidence that was adduced before the trial court.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CivilCivil Appeal
…17th day of July, 1996 in H.C.C.C NO. 2523 & 533 OF 1982) ********************* RULING OF THE COURT The present application seeks several orders namely that the appeal filed by the respondent be struck out, that contain proceedings…
…and orders of the superior court to set aside, that a Receiver appointed in respect of the applicant company do file proofs of debt and stay of proceedings.…
Division and case type: CriminalCriminal Appeal
…The Oaths and Statutory Declarations Act Cap. 15 at S. 19provides 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…
…It must be recorded in the proceedings, that the court has taken this step. The cases of Nyasani s/o Bichana v. R. (1958)EA 190 and Kibangeny v.…
Division and case type: CivilCivil Case
…Secondly, the decree holder relies on the compromise settlement which was worked out before the attached goods, which, he says, included the subject matter of these objection proceedings, were released to the defendant by…
…Mr Kabuki, the advocate, who signed that consent settlement on behalf of the 3 objectors testified in the present objection proceedings to the effect the objector herein was one of his three clients on whose instructions…