Case law
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Division and case type: CivilCivil Case
…Mr Hawala has submitted that section 4 of the Government Proceedings Act was borrowed from section 2 of the Crown Proceedings Act 1947 of England and has referred to the case of Royal Aquarium and Summer and Winter Garden…
…Act, 1888, from the local justices to the County Council) were “judicial proceedings”, so that absolute privilege could be claimed in respect of remarks made there in proceedings taken for defamation.…
Division and case type: CivilCivil Appeal
…Counsel for the appellant also faulted the way the trial was conducted by the magistrate and the way the proceedings were recorded wh ich he contended resulted in a miscarriage of justice.…
…The records of proceedings and the evidence by the parties is so jumbled that I find it impossible to make sense of the evidence that was adduced before the trial court.…
Division and case type: CivilCivil Suit
…group, the Registrar may in writing require the officers of the group to produce to him evidence of either – (a) the settlement of the dispute and the proper appointment of officers of the group; or (b) the institution of proceedings…
…Sub-section (2) thereof gives a District Magistrate’s Court jurisdiction to settle disputes and make declarations for the purposes of proceedings instituted under subsection (1)(b) of the Section.…
Division and case type: CivilCivil Appeal
…The appellant through his advocate in opposing the application has deposed that the delay in setting the appeal down for hearing has been occasioned by the failure of the court to avail the proceedings of the trial court…
…I have seen the letters written by counsel for the appellant seeking proceedings from the lower court and one from the Deputy Registrar of this court dating back to November, 2009, the appellant having paid for them over…
Division and case type: CivilCivil Appeal
…Upon our consideration of the proceedings in the two lower courts and hearing the submissions of the appellant we cannot find any such error. In the result this appeal is ordered to be dismissed with costs.…
Division and case type: CivilCivil Appeal
…Costs is the soothing balm which cures most procedural grievances in legal proceedings.…
Division and case type: CivilCivil Appeal
…By his principal submission, he contends that by virtue of Order 5 rules 9 and 12 of the Rules, there was no valid service of summons to enter appearance and that therefore the proceedings ex-parte were null and void ab initio…
…Accordingly in my view there was no valid service of the summons to enter appearance and therefore the proceedings exparte must be rendered null and void ab initio.…
Division and case type: CivilCivil Appeal
…It is not clear what part Ogowe played in these proceedings for review. The record does not show that he took any part.…
Division and case type: CivilCivil Appeal
…Claimants who appear in person in the negotiating table would regard the proceedings even more seriously.…
…A claimant in that position would reasonably feel that by negotiating with him, the Attorney-General had invited him to delay court proceedings and that he would not be prejudiced by the delay.…
Division and case type: CivilCivil Appeal
…No 56 of 1986 dated 30th March 1986) The six-month limitation period for applying for leave to seek an order of certiorari under the Law Reform Act is mandatory The application concerned leave to commence judicial review proceedings…
Division and case type: CivilCivil Suit
….4TH CONTRIBUTOR/OBJECTOR EDWARD KINGS ONYANCHA MAINA....................................................5TH CONTRIBUTOR/OBJECTOR RULING The Applicant, Edward Kings Onyancha Maina, is the 5th Contributor in this winding up proceedings…
Division and case type: CivilCivil Appeal
…What the appellants stated in their claim presented by Noah’s evidence in the proceedings before the committee and produced as Exhibits marked D9 is this: “I claim from Ainea my father’s piece of land, simply because he has…
…On these facts, it seems, whatever may have been the original nature of the title acquired by the parties, since the dispute of 1947, 1958 and their settlements and the Land Adjudication proceedings of 1967 which resulted…
Division and case type: CivilCivil Suit
…Copies of the charge sheet and proceedings were produced as exhibit 5. In his submission the advocate for the defendant has urged the Court to ignore the conviction as the same was not pleaded.…
Division and case type: CivilCivil Appeal
…Finally counsel submitted that the learned judge ought to have taken into account the conduct of the respondent before and during the proceedings as an aggravating factor in making an award of damages.…
Division and case type: CivilCivil Appeal
…It appears from the proceedings that on December 23, 1985 the respondent applied for judgment in default of the appellant entering an appearance or filing a defence.…
…But an affidavit of the process server is admissible in evidence and in the absence of contest it would normally be considered sufficient evidence of the regularity of the proceedings.…
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 Appeal
…Civil suits and proceedings relating to the title to or the possession of, land, or to the title to a lease or charge, registered under this Act, or to any interest in such land, lease or charge, being an interest which is…
Division and case type: CivilCivil Case
…LAIKIPIA/NYAHURURU/1950 and in default execution proceedings to issue.…
Division and case type: CivilCivil Case
…But an affidavit of the process server is admissible in evidence and in the absence of contest it would normally be considered sufficient evidence of the regularity of the proceedings.…
Division and case type: CivilCivil Appeal
…Moreover, said Mr Njuguna, how could it be that this agreement of sale, Ex 3, dated 25th May, 1987, showed the vehicle was purchased from one Kiptum Kipchumba David, who did not otherwise feature in the proceedings and whose…