Case law
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Division and case type: CivilCivil Appeal
…action conferred on him by s 6 of the Judicature Act in respect of judicial acts performed by him in the exercise of his jurisdiction.…
…respondent: “...discloses no reasonable cause of action, and is clearly frivolous and vexatious and an abuse of the court process because of the statutory provisions which give absolute immunity to judges and magistrates, from civil…
Division and case type: CivilCivil Appeal
…reading of all the judgments in Yawe’s appeal leads me to believe that it was held that:- i) The onus of proving customary law marriage is generally on the party who claims it; ii) The standard of proof is the usual one for a civil…
…action, namely, one the balance of probabilities; iii) Evidence as to the formalities required for a customary law marriage must be proved to that standard; (of Mwagiru v Mumbi (1967) EA 639, 642 (K); iv) Long cohabitation…