Case law
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Division and case type: Milimani Commercial CourtsCriminal Case
…Notwithstanding the considerable publicity already gathered by these proceedings so far they have come to nought. As this Court is hearing the application de novo its proceedings must be written fully.…
…of law, the Court may, and shall if a party to the proceedings so requests, refer the question to the High Court.”…
Division and case type: Milimani Commercial CourtsMiscellaneous Application
…itself, some of the relevant factors to take into account include the nature and importance of the course or matter, the amount or value of the subject matter involved, the interest of the parties, the general conduct of the proceedings…
…First, it must be appreciated that in the case of AHMEDNASIR ABDIKADIR & COMPANY ADVOCATES –VSPOSTAL CORPORATION OF KENYA (supra), the taxation of the Advocate/Client Bill of Costs came about in the middle of the ongoing proceedings…
Division and case type: Milimani Commercial CourtsCivil Case
…The appeal may be heard and, if successful, the proceedings in the superior court would be determined in accordance therewith.”…
…The Proceedings in the Lower Court may continue and even be determined but if the Appellant were to succeed in its appeal the proceedings in the Lower Court will be rendered unnecessary and the court hearing the appeal may…
Division and case type: Milimani Commercial CourtsCivil Case
…The appeal may be heard and, if successful, the proceedings in the superior court would be determined in accordance therewith.”…
…The Proceedings in the Lower Court may continue and even be determined but if the Appellant were to succeed in its appeal the proceedings in the Lower Court will be rendered unnecessary and the court hearing the appeal may…
Division and case type: Commercial and TaxCase number Winding Up Cause
…He has further argued that as soon as the winding up order is served upon the liquidator, he steps into the shoes of the Company and as such the only person who could bring any proceedings or actions on behalf of the Company…
…One of the incidents of a winding up order by the Court is that no action or other proceedings either on behalf of the Company or against the Company can be taken without leave of the Court.…
Division and case type: Milimani Commercial CourtsCivil Case
…It is evidently clear that in law a suit is defined in section 2 of the Civil Procedure Code to mean “all civil proceedings commenced in any manner prescribed''.…
…He is still a party to the proceedings and so the application is in order and he has locus standi.…
Division and case type: Milimani Commercial CourtsCivil Case
…The first one is that the police officer as agent for the defendant must have instituted the criminal proceedings against the plaintiff. Mr Ojiambo says that a police officer does not or can not act as agent.…
…That the proceedings terminated in the plaintiff’s favour is acknowledged by the defendants. The plaintiff having established liability in the defendants, I turn to the question of damages.…
Division and case type: Commercial and TaxInsolvency Cause
…He said it was the duty of the High Court to ensure that the proceedings in bankruptcy are proper right from the start.…
…had appeared for the appellant was permitted to withdraw from the proceedings.…
Division and case type: Milimani Commercial CourtsCivil Case
…This time no Will appears to have been mentioned and nothing was said about proceedings in Probate and Administration Cause No. 342 of 1987.…
…Throughout the proceedings before the elders, no evidence was adduced to give sufficient particulars of the disputed parcel of land it being referred to simply as “a shamba 2.5 acres” so that if the court subsequently adopts…
Division and case type: Milimani Commercial CourtsCivil Case
…Section 176 of the Evidence Act provides:- “Subject to this Chapter a copy of any entry in a banker’s book shall in all legal proceedings be received as prima facie evidence of such entry, and of the matters transaction and…
Division and case type: Milimani Commercial CourtsCivil Case
…I have examined the proceedings in this matter and it does seem that the plaintiff’s sole intention, in filing this suit was to obtain an injunction, as it did on 17th September 2003, and once that was achieved the plaintiff…
Division and case type: Milimani Commercial CourtsElection Petition
…The application by the 1st Respondent for stay of proceedings while he pursued an appeal was summarily dismissed by this court.…
…The Petitioner was happy to participate in the proceedings before me since 11/5/2011 until she lost on 14/10/2011.…
Division and case type: Commercial and TaxCase number Winding Up Cause
….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: Milimani Commercial CourtsCase number Civil Application
…The defendant has been granted leave to bring into the proceedings as third-parties Afrocox Co Ltd (hereinafter called “Afrocox”) and Ashford Laboratories Ltd (hereinafter called “Ashford”) because Afrocox purportedly acting…
Division and case type: Milimani Commercial CourtsCivil Suit
…The power to strike out proceedings for abuse of court process is discretionary. In this case, the abuse complained of was beyond Plaintiff/Respondent’s control.…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…of any person, and upon such withdrawal – (a) if it is made before the accused person is called upon to make his defence, he shall be discharged but such discharge of an accused shall not operate as a bar to subsequent proceedings…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…The accused persons are unjustifiably denied a trial by the High Court with assessors and deprived of the benefit of committal proceedings and legal aid. Dated and Delivered in Nairobi this 12th day of June 1986.…
Division and case type: Milimani Commercial CourtsCivil Case
…Finally I am of the opinion that the non-disclosure of prior proceedings which no stand withdrawn is not sufficiently material to impel me to view the wife’s present application with disfavour.…
Division and case type: Milimani Commercial CourtsElection Petition
…In these proceedings the petitioner is represented by Mr. Githu Muigai Advocate, Mr. Mukele and Mr Kihara Muttu appear for the 1st and 2nd Respondents while Mr A.N. Ngunjiri advocate appears for the 4th respondent.…
Division and case type: Milimani Commercial CourtsCivil Case
…I pointed out to the learned counsel that in these proceedings, I am not concerned with the validity of the purported divorce or the purported assignment to the children, but under the Deed K got only Kshs 166,666.68.…