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…Nzei asked this court to nullify all the proceedings that went on in P.M.C.C.NO. 303/95 because Mr.…

…All he did was unlawful and thus of no validity at all hence nullifying those proceedings. Mr.…

…The grounds in support of the application are that fees have not been paid and in the absence of an order of court to the effect that fees are not to be paid the proceedings are a nullity and the respondent should be ordered…

…In default of No.1 above the judgement and the proceedings herein shall become null and void and the plaintiff shall be obligated to refund the amount paid to them by the defendant immediately upon default.…

…Applying those principles to the instant case, requires a look at the pleadings, proceedings and judgment in the former case, and a look at the pleadings and issues in the present case. What I find is this.…

…Middlesex Justices Ex parte Bond [1933] 2 K B I at p 9; that the development of fresh circumstances (as distinguished from a mere discoverey of fresh evidence on matters which have been open for controversy in the earlier proceedings…

…April 1998 which was withdrawn and replaced with one dated 29th January 1999 sought this court's orders to set aside the said award on the grounds Mr, Kilonzi argued that the arbitrators had misconducted themselves in the proceedings…

…Mr, Kilonzi had taken the point that listening to the Kitui Moslem Youth and at Nairobi included a stranger to the proceedings and also deprived his clients of an opportunity to hear and possibly respond to the views of those…

…of the child provides as follows:- “(1) In all actions concerning the child undertaken by any person or authority the best interests of the child shall be the primary consideration. (2) In all judicial or administrative proceedings…

…affecting a child who is capable of communication his/her own views, an opportunity shall be provided for the views of the child to be heard either directly or through an impartial representative as a party to the proceedings…

…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".…

…Nowhere in the proceedings before the clan members under the area Asst Chief did Nkonge come up to say that he witnessed the defendant giving the plaintiff some Shs 1,500/-.…

…In interlocutory proceedings such as the present one, however, statements as to a deponent’s information or belief are admitted, provided the sources and grounds thereof are stated.…

…Although in interlocutory proceedings an affidavit may contain statements as to the deponent’s information or belief if the source of the information and grounds of believe are stated (see order 18, rule 3(1) of our Civil…

…The learned magistrate should have firmly resisted the request for ex-parte orders so as to streamline the proceedings.…

…According to the records of the arbitrator filed in court for what it is worth, the 1st Defendant is recorded to have stated as follows in page 5 of the proceedings- "In September, 1987, I saw the 2nd Defendant who wanted…