Case law
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Division and case type: CivilCivil Appeal
…I do not know why there was non-compliance with the rules. Mistake or accident or inadvertence which may provide a basis for an extension are not relied upon.…
…In my judgment, once there is non-compliance the burden is on the party seeking indulgence to satisfy the court why the discretion should nevertheless be exercised in his favour.…
Division and case type: CivilCase number Civil Application
…On 19th September, 1997, his notice of appeal was struck out by this Court for the reason of his non-compliance with the order of the single judge of this Court dated 18th October, 1993 extending time by 30 days within which…
Division and case type: CivilMiscellaneous Application
…On 19th September, 1997, his notice of appeal was struck out by this Court for the reason of his non-compliance with the order of the single judge of this Court dated 18th October, 1993 extending time by 30 days within which…
Division and case type: Environment and LandCivil Suit
…On the consequences of non compliance with the filing of the verifying affidavit totally or filing a defective one, the Court of Appeal had this to say, at the same page 1 of the judgment line 3 from the bottom, “Having come…
…effect of rules of procedure in so far as they go to affect either substantive justice or technical justice as well as Civil Appeals construction of order vii rule 1(2) and (3) of the Civil Procedure Rules on the effect of non…
Division and case type: CivilCivil Appeal
…The court must so act particularly in a case where the appeal is incompetent as the present appeal is, in our opinion, by virtue even alone because of non-compliance with the requirements of rule 76(1).…
Division and case type: CivilCivil Appeal
…On the question of malice Mrs Madahana, state counsel, on behalf of the respondent very properly raised the issue of non-compliance with order 6 rule 6 A (3) of the Civil Procedure Rules which has prescribed that where a…
Division and case type: CivilCivil Case
…The plaintiffs have disputed the fact and stated that in fact no legal transfer of shares has taken place and the purported attempt to transfer them to Xzit Limited has no legal effect for either non-compliance with the articles…
Division and case type: CivilCivil Appeal
…Apart from this non-compliance with an elementary but mandatory procedural rule which in contempt proceedings has prescribed “personal service”, Mr Lakha pointed out other flaws to which we will now turn our attention.…
Division and case type: CivilCivil Appeal
…Mr Juma conceded this and in any case the appellant did not allege that the cause of non-compliance with this Act was due to any disability within the meaning of section 5 thereof.…
Division and case type: CivilCivil Appeal
…one who was illegally elected the new Mayor at the chaotic assembly on 20th April, and who planted himself surrounded by his supporters in front of the Mayor, as the first defendant; Councillor Akech who inspite of the non-compliance…
Division and case type: CivilCivil Appeal
…The Election Court held: “The provision contained in rule 4(3) that a petitioner personally sign the petition was mandatory and not merely discretionary and the petitioner’s non-compliance with it was fatal.” 13.…