Case law
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Division and case type: CivilCivil Case
…Statutes Government Proceedings Act, (cap 40) section 12 October 28, 1985, Bhandari J delivered the following Judgment.…
…the two employees (first and second defendants) of the Ministry of Tourism and Wildlife as game scouts and the Attorney-General (third defendant) who is made a party to the suit in terms of section 12 of the Government Proceedings…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…In India the wife had brought bastardy proceedings against the co-respondent in respect of such illegitimate child.…
…In Indian proceedings a Mrs Ingles had given evidence which supported the wife’s claim, and hence the pypothesis of the wife’s adultery.…
Division and case type: CivilCivil Appeal
…Civil Application number 261 of 2006 had stayed all further proceedings in the matter. The learned Principal Magistrate overruled that arguement and ordered the applications to proceed.…
…His oral application to stay the proceedings pending the appeal against the Magistrate’s ruling that the matter proceeds was frivolous and intended to achieve the same purpose.…
Division and case type: CivilCivil Case
…written law, the fact that any matter in issue in any criminal proceedings is also directly or substantially in issue in any pending civil proceedings shall not be aground for any stay prohibition or delay of the criminal…
…proceedings.…
Division and case type: CivilCivil Case
…by the Tribunal; and, an order that they desist from subjecting her to annoyance or harassment to induce her either to vacate the suit premises or to pay a higher rent.That in effect meant that there was duplication of proceedings…
…The plaintiff was not right to institute concurrent proceedings before two separate courts. (Section 6 of the Civil Procedure Act refers).…
Division and case type: CivilCivil Case
…And if any proceedings exist pursuant to the provisions of the said chapter 301 of the Laws of Kenya then the same are null and void and inconsistent with written law.”…
…The plaintiff’s application should await the finality of the proceedings at the said Business Premises Rent Tribunal.”…
Division and case type: CivilCivil Case
…It is supported by an affidavit sworn on 1.9.93 by learned counsel for the applicant Mr Gikandi Ngibuini in which he deposes that he had studied the proceedings and judgment and was of the view that the appeal has overwhelming…
…interest bearing account in a bank approved by both sides in the joint names of the advocates representing the two parties. (2) The applicant to pay forthwith the respondent’s costs incurred in connection with the execution proceedings…
Division and case type: CivilCase number Civil Application
…On July 9, copies of proceedings and ruling were bespoken. Unfortunately, Mr Gikandi failed to copy this request to the respondent.…
…But the proceedings were received on August 28, 1987 and sent back for correction. They were finally received on September 7, 1987. The full 60 days had been sent on July 7, 1987.…
Division and case type: CivilCivil Suit
…Accordingly none of the parties to it or any other person would adduce them in evidence in subsequent proceedings without the consent of the parties to it.…
…policy of the law that disputes should be amicably settled, where possible, and parties be at liberty to freely admit certain facts to facilitate a settlement without the fear of them being used against them in subsequent proceedings…
Division and case type: CivilCivil Case
…Secondly, the decree holder relies on the compromise settlement which was worked out before the attached goods, which, he says, included the subject matter of these objection proceedings, were released to the defendant by…
…Mr Kabuki, the advocate, who signed that consent settlement on behalf of the 3 objectors testified in the present objection proceedings to the effect the objector herein was one of his three clients on whose instructions…
Division and case type: CivilCivil Case
…(b) That the attachment of motor vehicle together with its load of sisal be set aside until final determination of the objection proceedings herein.…
…The log book exhibited in the proceedings show the lorry KYG 958 had initially been the property of the defendant Company before it was transferred to the objector.…
Division and case type: CivilCivil Appli
…the Kenya Laws and 0.41 r.(4) and 0 XLII r. (2) of Civil Procedure Rules asking that:- "This Honourable Court be pleased toorder that stay of execution be issuedpending the determination of an intendedappeal staying all proceedings…
…Init he says that since the High Court order LSK has fullyparticipated in the proceedings of the Commission and it (LSK)has already issued notices to call certain notable witnesseswhom they say are standing in senior position…
Division and case type: CivilCivil Appeal
…it is necessary for the determination of the real matter in dispute to do so, order any other person to be substituted or added as plaintiff upon such terms as the court thinks fit. (2) The court may at any stage of the proceedings…
…Under sub-rule (2) the judge could at any stage of the proceedings, “either upon or without the application of either party,’ exercise his discretion and order the substitution of the proper party.…
Division and case type: CivilCivil Appeal
…Order 75, (the Order), the Supreme Court Practice, 1988 of England had provided for admiralty proceedings.…
…Where a court had no jurisdiction, there would be no basis for a continuation of proceedings pending other evidence.…
Division and case type: CivilCivil Case
…paragraph 16 of the plaint dated 7th July, 2010 the plaintiff states on oath (through Verifying Affidavit) H.C.C.C No. 35 of 1997 has been withdrawn by the plaintiff and therefore the plaintiff states there are no pending proceedings…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Suit
…The plaintiff said in these proceedings that there was noreply to his letter. According to his evidence he then by continued to attend to his duties in the Mombasa office whileawaiting a reply to his letter.…
…I must, first of all, deal with the aspect of desertionfrom duty since in these proceedings the defendants have citedit as their justification for the dismissal act taken against(him (the plaintiff). Did he desert duty?…