Search court decisions

…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…

…I would make an order remitting the proceedings to the High Court to hear and determine the case according to the evidence, which in my opinion should be oral evidence, brought before it.…

…I agree that each party should bear their own costs of the High Court proceedings. Dated and delivered at Mombasa this 22nd day of July, 1986.…

…The appellant then instituted these proceedings for the recovery of salary for 12 months.…

…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.…

…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.…

…Regarding stay of execution Order 42 Rule 6 of the Civil Procedure Rules governs the conditions to be met by a party to the proceedings seeking stay of execution of the Judgment.…

…As I understand it, leave to appeal from an order in civil proceedings will normally be granted where prima facie it appears that there are grounds of appeal which merit serious judicial considerations but where, as in the…

…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 without copies of proceedings…

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

…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 mischief against which all limitation Acts are directed is delay in commencing legal proceedings; for delay may lead to injustice, particularly where the ascertainment of the relevant facts depend on oral testimony.…