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…The writ is a nullity from the beginning.” In the first suit, Jeremiah Kamau Gitau, Mary Wanjiku Mungai and Philisila Njeri Mungai did not bring the action themselves in which the consent judgment was recorded.…

…In my view, the fact that they did not bring the suit themselves but were improperly made defendants in the said suit in which they were three out of five defendants, cannot make the said suit a nullity, as was submitted…

…That appeal, being Criminal Appeal No. 47 of 1998, was allowed by this Court, sitting at Nyeri, on 10th May, 1999 on the ground that the whole trial was nullity and ordered an expeditious retrial before any other judgeC.r…

…iminal Appeal No. 47 of 1998 was allowed as the trial itself was a nullity, only two assessors having taken part in the whole trial ab initio.…

…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…

…A fundamental defect will make it a nullity.…

…The court should not readily treat a defect as fundamental and so a nullity, and should be anxious to bring the matter within the umbrella of Ord 70 when justice can be done as a matter of discretion, still bearing in mind…

…Under section 14 of the Matrimonial Causes Act a marriage may be declared a nullity on inter alia grounds that: “14(1)(b) the marriage had not been consummated owing to the willful refusal of the respondent to consummate…

…It is on this limb that I declare the union a nullity and therefore void. Costs of this petition shall be borne by the respondent. Delivered and dated this 10th day of December 2010 at Malindi. H. A. Omondi JUDGE Mr.…

…It follows therefore that the proceedings presided over by the Commissioner of Assize, Beham are a nullity in law. There is one more matter of relevance.…

…The trial was clearly a nullity and the conviction should not be allowed to stand. The appeal is allowed, conviction quashed and sentence set aside.…

…In his 7 grounds of appeal the appellant challenged the conviction and sentence contending, inter alia, that the proceedings were a nullity as the appellant’s right under section 72 (2) (b) of the Constitution had been violated…

…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…

…The conviction by Court without jurisdiction is a nullity and so is sentence. Both are quashed. The appellant be taken forthwith before a court of competent jurisdiction for a fresh trial.…

…The grounds in support of the application are that fees have not been paid and in the absence of an order of court to the effect that fees are not to be paid the proceedings are a nullity and the respondent should be ordered…

…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…

…It was up to court, when it was pointed out in an application for review that judgment was entered against some defendants without being heard, to hold that the whole arbitration proceedings were a nullity in the interest…

…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.…

…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.…

…has also been held that: “an exparte attachment before Judgement without directing the defendant either to furnish security or to appear and show cause why he should not furnish security breached order 38 r 5 and was a nullity…

…It therefore is apparent that the extension of time granted by Platt J. was a nullity. Any steps taken thereafter are therefore of no consequence. But the orders of Platt J. were not challenged on appeal.…

…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.…

…Divorce Act by virtue of the provisions of section 4 of the latter statute), the marriage intended to be contracted on 9.12.95 between the defendants would be invalid and of no legal effect and accordingly such an obvious nullity…