Case law
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Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Appeals numbered
…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…
Division and case type: CivilMiscellaneous Civil Application
…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.…
Division and case type: FamilySuccession Cause
…She was the main player in the whole game without whose consent the exercise became a nullity.…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil 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.…
Division and case type: CivilCivil Suit
…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…
Division and case type: CivilCivil Appeal
…The letter of Consent is null and void and the whole transaction is a nullity due to failure of obtaining the Land Board Consent within the stipulated period according to law.…
Division and case type: CivilCivil Appeal
…The second Chamber Summons dated 13th November, 1995 prayed that all proceedings, judgement and orders in P.M.C.C.No. 303/95 be declared a nullity for the reasons that Mrs. Nzei deponed to in her supporting affidavit.…
Division and case type: CivilCivil Case
…The second Chamber Summons dated 13th November, 1995 prayed that all proceedings, judgement and orders in P.M.C.C.No. 303/95 be declared a nullity for the reasons that Mrs. Nzei deponed to in her supporting affidavit.…
Division and case type: CivilCase number Civil Application
…The appellant wishing to resile from the agreement of sale alleges that the Land Board Consent obtained for the sub-division and sale is a nullity since it was granted outside the period of three months allowed under section…
Division and case type: CivilCivil Appeal
…The appellant wishing to resile from the agreement of sale alleges that the Land Board Consent obtained for the sub-division and sale is a nullity since it was granted outside the period of three months allowed under section…
Division and case type: CivilCivil Appeal
…This latter order still stands and the hearing of the suit by Kuloba, J was a nullity and of no effect.…
Division and case type: CivilCivil Case
…I declare that the purported sale of land parcel Number NTIMA/IG0KI/3749 to the 2nd Defendant by the 1st Defendant is a nullity as the 2nd Defendant is not an innocent purchaser for value of the said land.…
Division and case type: CivilCivil Appeal
…Kanseen (1943) 1K.B. 256 which decision seems to turn on to the issue as to whether or not an order which is a nullity can be set aside ex debito justiciae.…
Division and case type: CivilCivil Appeal
…The petition was dismissed because of an omission to stamp the power of attorney prior to the presentation of the petition which omission the Court said had rendered the proceedings purported to be instituted under it a nullity…