Case law
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Division and case type: CivilCivil Appeal
…The First respondent led a notice of appeal and applied for the proceedings in order to le the intended appeal. The second respondent did nothing on the decision. 4.…
…, although it was duly stamped after the institution of proceedings.…
Division and case type: CivilCivil Case
…I nonetheless uphold the preliminary objection on different grounds namely that an injunction does not apply to a local government authority and that these proceedings ought to have been instituted by way of a judicial review…
Division and case type: CivilCivil Case
…But in interlocutory proceedings such as the present application, I am not prepared to say that the plaintiffs are therefore precluded from challenging the lawfulness of the decision of the Governing Council.…
Division and case type: CivilCivil Appeal
…There was no order by which the two matters were consolidated and so far as we can tell, the record for the miscellaneous matter was not placed before the Judge as it does not form part of the record of proceedings on which…
Division and case type: CivilCivil Appeal
…book is that powers of the court to allow amendment is to determine the true, substantive merits of the case; amendments should be timeously applied for; power to so amend can be exercised by the court at any stage of the proceedings…
…There will be cases in which justice will be better served by allowing the consequences of the negligence of the lawyers to fall on their own heads rather than by allowing an amendment at a very late stage of proceedings.…
Division and case type: CivilCase number Civil Application
…application for extension of time to file a record of appeal was dismissed and as relates to the present application, deals with an obvious failure of an advocate to look up the rules and failing, when he was aware that copies of proceedings…
Division and case type: CivilCivil Appeal
…This application is disallowed and the proceedings in this suit terminated and the dispute referred to the Tribunal for arbitration under Act 18 of 1990".…
Division and case type: CivilCivil Case
…The sub-contractor’s claim can therefore be referred to arbitration by the contractor alone or jointly with the sub-contractor as is usual under the law of agency to avoid the necessity of third party proceedings.…
Division and case type: CivilCivil Appeal
…As it turned out, the respondent repudiated the claim and the appellant was obliged to file proceedings.…
Division and case type: CivilCivil Case
…Moreover, even if the applicant had gone into possession of this land in an adverse position, the fact that in early 1995 the 1st respondent raised his claim over the suit land before the applicant filed these proceedings…
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
…Justice Act 1948 a conviction of an offender followed by an order placing the offender on probation or discharging him absolutely or conditionally, had to be deemed to be no conviction, except for the purposes of those proceedings…
Division and case type: CivilCivil Case
…The proceedings before the Chief are produced as exhibit 3 and the Chief ruled that the defendant was registered as a trustee and that the land should be shared by other children.…
…The proceedings before the DO were produced as exhibit 5 and in it the elders ruled that the land was held on trust by the son and that it should be shared out by the father as he so wishes.…
Division and case type: CivilCivil Case
…Not only are the sittings of Parliament at an end, but all proceedings pending at the time are quashed… Every Bill must therefore be renewed after a prorogation as if it were introduced for the first time.”…
…Such a provision would have been unnecessary if subsidiary legislation laid before the house were regarded as proceedings pending at the time of prorogation which are quashed by prorogation.…
Division and case type: CivilCivil Case
…Execution proceedings followed. He was, forcibly ejected by a court bailiff on 30th May 1991. Subsequently the defendant forced his way back.…
Division and case type: CivilCivil Appeal
…Court (Chesoni J as he then was) of August 19, 1982 and make J Kemuma, Onyando, S Obegi Kababe, J Nyaota Oriki and J Oriki, who trade in Kisii as the “Friends Bakery”, the respondents, pay the costs of the appeal and the proceedings…
Division and case type: CivilCivil Appeal
…Consequently he acceded to the application to strike out the petition with costs, and ordered that it be expunged from the register of winding up proceedings.…
…court to stay an action in limine as an abuse of process is a jurisdiction to be exercised with great circumspection, and exactly the same consideration must apply to a‘quia timet injunction to restrain commencement of proceedings…
Division and case type: CivilCivil Case
…Execution proceedings followed. He was, forcibly ejected by a court bailiff on 30th May 1991. Subsequently the defendant forced his way back.…
Division and case type: CivilCivil Case
…Execution proceedings followed. He was, forcibly ejected by a court bailiff on 30th May 1991. Subsequently the defendant forced his way back.…
Division and case type: CivilCivil Appeal
…Mr Gautama very properly handed over to me a copy of proceedings and ruling of the Tribunal relating to the stay application made in the Tribunal.…