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…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.…

…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…

…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…

…Costs is the soothing balm which cures most procedural grievances in legal proceedings.…

…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.…

…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…

…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.…

…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/-.…

…LAIKIPIA/NYAHURURU/1950 and in default execution proceedings to issue.…

…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…

…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…

…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…