“"nullity"” — court decisions

Judgment[1992] KEHC 1419 July 1992

In Re M Weiss Ltd [1992] KEHC 14 (KLR)

High Court at NairobiCase number Winding Up Cause 30 of 1989

Division and case type: Constitutional and Human RightsPetition

…Firstly he argued that the petition served had not been sealed or signed by the court and as such was a nullity. In support of this contention he referred the court to the case of R. vs H.…

…Sharma (11949) 2 All ER 207 in which at page 210, Lord Goddad stated at letters A to D that lack of such matters if required b y a statute as a condition precedent renders the document a nullity.…

4 min read

Judgment[1993] KEHC 16328 April 1993

Emmanuel Karisa Maitha v John D Yaa & another

High Court at NairobiCase number Election Petition 1 of 1993

Division and case type: Constitutional and Human RightsElection Petition

…Although dealing with service under rule 15, the Court was emphatic that there being no personal service and the advertisement in the gazette being out of time, the proceedings were a nullity.…

…Failure to serve within the stipulated 10 days renders any consequential proceedings a nullity. In our view the subrule is complete and positively states what to be done by who, on who and in which time span.…

petition is dismissedDismissed28 min read

Judgment[2003] KEHC 99310 July 2003

Andrew Mbithin Muiya v Joseph Nyaga & 2 others

High Court at NairobiserviceCase number Election Petition 7 of 2003

Division and case type: Constitutional and Human RightsElection Petition

…That on expiry of the 28 days before service, the petition ceased to be of any efficacy and thus became a nullity thereafter.…

…The Court was told that after 28 days in fact the petition itself became invalid and therefore a nullity that even serving it by any mode could not breathe life in it. That it could all be a futile exercise.…

Appeal dismissedDismissed