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: CivilCivil Appeal
…not been certied as a matter of general public importance in the terms of Article 163(4) (b) of the Constitution; (c). the application is fatally defective, as no leave was sought as contemplated under Section 15, and in compliance…
…We have taken into account the weighty submissions made for the respondents, regarding the essential principle of compliance with Orders issuing from a Court of law, just as we have closely adverted to the applicants’ case…
Division and case type: CivilCivil Case
…This was in compliance with Order XXI Rule 63. Thereafter, Excellent Auctioneers advertised their proposed sale in the Daily Papers to the Public.…
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).…
…In fact, all these arguments have been advanced, we think in awareness of several decisions of the court to the contrary, to induce us to accept that careful compliance with the rules of court is a formality and a technicality…
Division and case type: CivilCase number Civil Application
…of any delay, the explanation for the delay, the prejudices of the delay to the other party, the merits of the appeal (without holding a mini appeal), the effect of the delay on public administration, the importance of compliance…
…to ignore time limits since an important feature in deciding what justice required was to bear in mind that time limits were there to be observed and justice might be seriously defeated if there was laxity in respect of compliance…
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: CivilCivil Suit
…In compliance with this ruling, the Applicant indeed filed a notice of appeal indicating his intention to file an appeal to the Court of Appeal against the said decision of 18th November 2019.…
Division and case type: CivilCivil Appeals numbered
…Want of compliance with Procedural rules (unless fundamental and going to the jurisdiction of this court) do not and cannot call for striking out of an application of the kind that is before me.…
Division and case type: CivilCivil Appeal
…In compliance with the provisions of section 6 of the Act, the appellant after entry of appearance and without being required to file its defence, properly obtained by consent, stay of proceedings of the suit filed by the…
…It must also not be forgotten that in compliance with the provisions of section 6 of the Act, stay had been ordered before the appellant filed its defence, and it would be unreasonable to fix a hearing date without even giving…
Division and case type: CivilCivil Appeal
…On February 5, 1987, he lodged a Record of Appeal in apparent compliance with rules 81 and 85 (1) of the Court of Appeal Rules. The record contains a five-page ruling of the court.…
Division and case type: CivilCivil Appeal
…On February 5, 1987, he lodged a Record of Appeal in apparent compliance with rules 81 and 85 (1) of the Court of Appeal Rules. The record contains a five-page ruling of the court.…
Division and case type: CivilCivil Case
…The second rule is that if the court has doubts about compliance with the first rule, then it must decide on the balance of convenience.…
Division and case type: CivilCivil Appeal
…Mr Alibhai submitted that there was complete compliance with the section. We consider that the two grounds of appeal reproduced above adequately embrace the issue of law raised on section 74 by Mr Kariuki.…
Division and case type: CivilCivil Case
…In the Supporting affidavit the Plaintiff depones that the defendant in compliance with the Court of Appeal Order opened the account with the sum of kshs.1,658,949/65 leaving a deficit of kshs.584,640/27.…
…According to this affidavit, consequent upon and in compliance with the said agreement the first defendant’s advocates gave to the deponent’s firm a professional undertaking for the sum payment of Kshs 1,373,832.40 together…
Division and case type: CivilCivil Case
…In the Supporting affidavit the Plaintiff depones that the defendant in compliance with the Court of Appeal Order opened the account with the sum of kshs.1,658,949/65 leaving a deficit of kshs.584,640/27.…
…According to this affidavit, consequent upon and in compliance with the said agreement the first defendant’s advocates gave to the deponent’s firm a professional undertaking for the sum payment of Kshs 1,373,832.40 together…
Division and case type: CivilCivil Appeal
…It is certainly not in compliance with the provisions of the law. However, if this was the only problem, this court can rewrite the judgment (See Section 78 of the Civil Procedure Act).…
Division and case type: CivilMiscellaneous Application
…length of any delay, the explanation for the delay, the prejudice of the delay to the other party, the merits of the appeal (without holding a mini-appeal) the effect of the delay on public administration, the importance of compliance…
…to ignore time limits since an importance feature in deciding what justice requires was to bear in mind that time limits were there to be observed and justice might be seriously defeated if there was laxity in respect of compliance…
Division and case type: CivilCivil Appeal
…In a partial compliance with the first part of the order the applicants had been paid salaries for 3 months of April, May and June, 1993.…
…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: CivilMiscellaneous Civil Application
…liberty upon fulfilling the condition on deposit of security for due performance of the decree within the stipulated period to file the record of appeal and have it served upon the respondent within 30 days from the date of compliance…