Case law
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Division and case type: CivilCivil Appeal
…Directions were due to be given in the suit on August 24, 1979. The consequence was Mr Macharia who was for Nduhiu, did not attend the court for the mention.…
…Directions under Order 51 Civil Procedure Rules having not been given or dispensed with the hearing should not have taken place; 3. Mr Justice J S Patel had failed to exercise his discretion judicially.…
Division and case type: CivilCivil Appeal
…Under rule 17(1) of the Rules, there being no directions given by this court as to the mode of service, personal service in the present instance must be effected by serving the Notice of Appeal on a director, manager or secretary…
Division and case type: CivilCivil Appeal
…In any event, there was before the superior court a pending application which sought directions of the Court and if that Court thought that amendments to the appellants’ Originating Summons were necessary to ensure that the…
…same was properly before it, directions in that regard ought to have been given.…
Division and case type: CivilCivil Appeal
…There is today before me, the mention of Appeal No 31 of 1987 for directions as to the hearing of the same. It is necessary for me to recapitulate the courts’ history of the litigation involved.…
Division and case type: CivilCivil Appeal
…It is clear that directions should have been given on the trial of issues arising from the affidavits, and Mr Kiamba would not have been rushed into this foolhardy statements, which did not tally with this client’s affidavit…
…However that may be, the proper course was to give directions as to the trial of the issues, and as to whether rule 10 should be applied, turning the originating summons into a suit.…
Division and case type: CivilCivil Appeal
…Thirdly, Mr Sampson had failed to give directions as to what should be done with monies deducted from the basic salary which the Defendant Corporation should not retain for its own benefit.…
Division and case type: CivilCivil Appeal
…On 2nd April, 2004, over 9 years later, the applicant filed an application by notice of motion under Section 3A Civil Procedure Act for directions regarding the hearing of the appeal and for an order that the appeal be heard…
Division and case type: CivilCivil Appeal
…On the 29th day of December, 1995 the plaintiff filed a 15 page plaint against the defendant claiming the following reliefs: "(a) Declarations in terms of paragraph 13 `above' and directions and judgment for loss and for…
Division and case type: CivilCivil Appeal
…originating summons were being considered: 'Such procedure is primarily designed for the summary and 'Ad hoc' determination of points of law or construction or of certain questions of fact, or for the obtaining of specific directions…
Division and case type: CivilCivil Appeal
…to all suits shall be in the discretion of the court or judge and the court or judge shall have full power to determine by whom and out of what property and to what extent costs are to be paid, and to give all necessary directions…
Division and case type: CivilCivil Appeal
…other disability to practice. (3) Where a member dies testate, the administrator or administrators shall deal with his firm as may be stated in his will; but in case of intestacy, the Council of the Society shall give such directions…
Division and case type: CivilCivil Appeal
…was probably what the respondent’s advocates were waiting for, for they lost no time in informing the appellant’s advocates that they intended as a result of Mr Mwarania’s letter, to apply to the High Court for further directions…
Division and case type: CivilCivil Appeal
…other disability to practice. (3) Where a member dies testate, the administrator or administrators shall deal with his firm as may be stated in his will; but in case of intestacy, the Council of the Society shall give such directions…
Division and case type: CivilCivil Appeal
…other disability to practice. (3) Where a member dies testate, the administrator or administrators shall deal with his firm as may be stated in his will; but in case of intestacy, the Council of the Society shall give such directions…
Division and case type: CivilMiscellaneous Application
…husband who had removed their two children the day before, though no proceedings had been instituted, on an undertaking by her solicitors that they would issue an originating summons the next day and later, on a summons for directions…
Division and case type: CivilCivil Appeal
…If a defendant has some other home, the process server should seek directions to that home with a view to personally serving the defendant.…
Division and case type: CivilCivil Appeal
…He will need to give directions to enable petitions to come on for trial efficiently, quickly and as inexpensively as possible. The approach, to be adopted is set out in rule 1.4 (2).…
…If that be done, I anticipate that the number of cases in which applications are made to strike out will be substantially reduced as the parties will realize that in most cases the court imposed directions will result in…
Division and case type: CivilCivil Appeal
…It is clear that the law in England does not render a mere knowledge of all the terms and directions of the court order and a disobedience thereof by an alleged contemnor as being enough to commit him for contempt.…
Division and case type: CivilCivil Appeal
…There is no quarrel by the appellant with the directions by the learned judge as to the law applicable nor the findings of fact on the evidence adduced by both sides at the trial.…
Division and case type: CivilCivil Appeal
…As part of the preparations for the trial summons for directions was dispensed with and issues were agreed between counsel for both parties in a statement of issues dated 2nd June, 1987, and filed in court on 4th June, 1987…