Case law
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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: CivilCivil Appeal
…The second part of the order is not relevant to these contempt proceedings because this court’s order restraining the Corporation from evicting the two applicants from the Post Office staff quarters occupied by either until…
…We are satisfied that Mr Malakwen was not served with the order in such a manner as would render him subject to committal order prayed in the committal proceedings filed on 28th October, 1993.…
Division and case type: CivilCivil Appeal
…whether the learned judge of the superior court was right when, upon the preliminary objection being raised before the trial on behalf of the Respondent, the Defendant in the suit, he had ruled that leave to institute the proceedings…
…Now, when a judge of the superior court grants leave ex parte, under the Limitation Act to institute proceedings which can be challenged at the trail, he in a way, does no more that a judge does when he for instance, grants…
Division and case type: CivilCivil Appeal
…He thought that he could not bring proceedings until the persons found by the magistrate to have been responsible for the death of his son had been charged with a criminal offence.…
…It would appear that notwithstanding the provisions of section 27 of the Act, the question whether or not the plaintiff was entitled to the extension can only be challenged in the proceedings.…
Division and case type: CivilCivil Appeal
…affected by the appeal: Provided that the Court on application, which may be made ex parte within seven days after lodging the notice of appeal, direct that service need not be effected on any person who took no part in the proceedings…
…He submitted that Karugu Contractors was a person directly affected by the appeal because it took part in the proceedings in the superior court and a decree was passed against it jointly and severally with the first and second…
Division and case type: CivilCivil Case
…from court committing the persons named in this application to civil jail, he must first obtain leave from a judge in chambers, and, that application for leave must be served on the Attorney-General, who will come into the proceedings…
Division and case type: CivilCivil Appeal
…The record of proceedings so far, show that with respect to the interjection of the objection.…
Division and case type: CivilCivil Case
…As I understand it, leave to appeal from an order in civil proceedings will normally be granted where prima facie it appears that there are grounds of appeal which merit serious judicial considerations but where, as in the…
Division and case type: CivilCivil Appeal
…I am satised that the issue was before the Court and that the parties were heard on the issue and the main question here is whether or not the appellant suered any prejudice or injustice by the course that the proceedings…