Case law
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Division and case type: CivilCivil Appeal
…In a partial compliance with the first part of the order the applicants had been paid salaries for 3 months of April, May and June, 1993.…
…Apart from this non-compliance with an elementary but mandatory procedural rule which in contempt proceedings has prescribed “personal service”, Mr Lakha pointed out other flaws to which we will now turn our attention.…
Division and case type: Constitutional and Human RightsJudicial Review
…Following the meeting of 29th September 2020, the Respondent required the Appellant to fulfil the following three conditions: a) Compliance inspection on all its motor vehicles at the Inspection Centre from 2nd October 2020…
Division and case type: CivilMiscellaneous Civil Application
…liberty upon fulfilling the condition on deposit of security for due performance of the decree within the stipulated period to file the record of appeal and have it served upon the respondent within 30 days from the date of compliance…
Division and case type: Constitutional and Human RightsConstitutional Petition
…liberty upon fulfilling the condition on deposit of security for due performance of the decree within the stipulated period to file the record of appeal and have it served upon the respondent within 30 days from the date of compliance…
Division and case type: CivilCivil Appeal
…As the order of Muli J.A was not capable of compliance and as there was a genuine error on part of Mrs. Rawal, and as (I do believe) a counsel could well so genuinely err, I consider that the error was excusable.…
Division and case type: Constitutional and Human RightsPetition
…It was held further that the petition would be restored for hearing subject to due compliance with Rules.…
Division and case type: CivilCivil Case
…The plaintiffs have disputed the fact and stated that in fact no legal transfer of shares has taken place and the purported attempt to transfer them to Xzit Limited has no legal effect for either non-compliance with the articles…
Division and case type: CivilCivil Appeal
…Auctioneers fees to be assessed by the Court. 4) Costs of this application to be borne by the applicant (meaning defendants) – emphasis is mine. 5) These orders to be served upon Truckers Auctioneers for compliance.…
…Civil Appeal No 45 of 1980), the court stated that: “Thus in compliance with order IX B rule 1(1) where a defendant has appeared, he must be given reasonable notice of a formal proof in order that he may have an opportunity…
Division and case type: CivilMiscellaneous Application
…On receipt of this application, the respondent, in compliance with the proviso to section 16(1) (d) of the Act wrote to the applicant; to the Central Organization of Trade Unions (Kenya) (COTU); to the Federation of Kenya…
…On receipt of this application, the respondent, in compliance with the proviso to section 16(1)(d) of the Act wrote a letter to the applicant on 17th May, 1985 and copied it to the Permanent Secretary, Ministry of Labour.…
Division and case type: Constitutional and Human RightsElection Petition
…The learned counsel further submitted that, in compliance with section 57 of the Constitution, Parliament enacted the National Assembly (Powers and Privileges) Act, cap 6 Laws of Kenya wherein the jurisdiction of this court…
Division and case type: Constitutional and Human RightsElection Petition
…The learned counsel further submitted that, in compliance with section 57 of the Constitution, Parliament enacted the National Assembly (Powers and Privileges) Act, cap 6 Laws of Kenya wherein the jurisdiction of this court…
Division and case type: CivilCivil Appeal
…length of any delay, the explanation for the delay, the prejudice of the delay to the other party, the merits of the appeal (without holding a mini-appeal) the effect of the delay on public administration, the importance of compliance…
…to ignore time limits since an importance feature in deciding what justice requires was to bear in mind that time limits were there to be observed and justice might be seriously defeated if there was laxity in respect of compliance…
Division and case type: CivilCivil Case
…In compliance with that order the Commissioner of Prisons appeared represented by the Attorney-General who was assisted by Mr. Chunga, Assistant Deputy Public Prosecutor. Mr. Kiraitu Murungi and Mr.…
…It is contended on behalf of the four detained persons: (a) that these statements are not sufficient to comply with the provisions of section 83(2)(a), and (b) that compliance is mandatory and insufficiency of details invalidates…
Division and case type: CivilCivil Appeal
…On the question of malice Mrs Madahana, state counsel, on behalf of the respondent very properly raised the issue of non-compliance with order 6 rule 6 A (3) of the Civil Procedure Rules which has prescribed that where a…
Division and case type: CivilCivil Appeal
…Section 10 (2) (a) of the Act does not indicate what kind of notice is required in compliance thereof.…
Division and case type: CivilCivil Appeal
…The advocates followed up with another letter dated 31st January 2011 demanding that closure of the account and demanding compliance with the letter of 19th November 2010.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…Jurisdiction of the court must therefore be established before the invocation of Article 159 principle to excuse strict compliance with the technical procedure for the exercise of such jurisdicton.…
Division and case type: CivilCivil Appeal
…The compliance with the rules of natural justice is emphasised in Halsbury’s Laws of England, Third Edition Volume II para 122 at page 65 that: “An order of prohibition may be granted to restrain, and an order of certiorari…
Division and case type: CivilMiscellaneous Application
…Compliance by the Respondent of the Provisions of the Act is therefore, uncertain.…
Division and case type: CivilCivil Appeal
…Mr Juma conceded this and in any case the appellant did not allege that the cause of non-compliance with this Act was due to any disability within the meaning of section 5 thereof.…