Case law
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Division and case type: CriminalCriminal Appeal
…The two appear to be using Section 308(1) of the Penal Code as it was after the amendment in Act No. 22 of 1987 and before the amendment in Act No. 11 of 1993.…
…While the former amendment removed the then existing mandatory minimum sentence, the latter amendment restored the mandatory minimum sentence putting it at seven years imprisonment.…
Division and case type: CivilCivil Suit
…He argued his case on the bases of order VIA rule 3 of the Civil Procedure Rules and maintained that such an amendment required the approval of the court.…
…It provides: “(1) A party may, without the leave of the court, amend any pleading of his once at any time before the pleadings are closed” and that the amendment dated from the date of the plaint.…
Division and case type: CivilCivil Appeal
…The application for amendment was opposed on grounds that there was lack of good faith that the proposed amendments were useless; that omission to quantify earlier was not curable; that limitation had set in. that is, no…
…if an amendment is to be allowed; that if the court is not satisfied as to the truth and substantiality of the proposed amendment it ought to be disallowed; that the proposed amendment must not be immaterial or useless or…
Division and case type: CivilCivil Appeal
…But the power of the court specifically provides that an amendment may be made at any stage of the proceedings.…
…the amendment was allowed.…
Division and case type: CivilCivil Appeal
…There was quick reaction by the respondent in applying for amendment of the pleadings under Rule 44 (2).…
…The amendment was allowed so as to tie up with the evidence. This ground of appeal also fails.…
Division and case type: CivilCivil Case
…No suit should be summarily dismissed unless it appears so hopeless that it plainly and obviously discloses no reasonable cause of action and is so weak as to be beyond redemption and incurable by an amendment.…
…If a suit shows a mere semblance of a cause of action, provided it can be injected with real life by amendment, it ought to be allowed to go forward for a court of justice ought not to act in darkness without the full facts…
Division and case type: CriminalCriminal Appeal
…Count 2: Being in possession of a firearm contrary to S. 4(1) of the Firearms Act as read with Firearms (Amendment) Act No. 8 of 1988.…
Division and case type: CivilCivil Appeal
…Apart from these provisions, the Court had wide powers of amendment and should exercise those powers in order to be able to arrive at a correct decision in the case and to nally determine the controversy between the parties…
…Had issues been framed at the hearing, the necessity for amendment of the pleadings would immediately have become apparent, and much trouble and expense avoided.…
Division and case type: CriminalCriminal Appeal
…Count 2: Being in possession of a firearm contrary to S. 4(1) of the Firearms Act as read with Firearms (Amendment) Act No. 8 of 1988.…
Division and case type: CivilCivil Appeal
…These being the amendments, what effect do they have? In the first place, it is obvious that the terms and setting of the exclusion clauses in both contracts must control the inquiry into these problems.…
…Although Mr Gautama refused to speculate on the effects of the amendments on the plaintiff’s case, in our opinion it is certain that no new facts can profitably arise.…
Division and case type: CivilCivil Case
…To this submission the State Counsel pointed to the Criminal Law (Amendment) Act No 5 of 2003 section 193A dealing with “concurrent criminal and civil proceedings” which states: “Notwithstanding the provisions of any other…
…Regarding Criminal Law Amendment section 193A there is here no case for stay or delaying criminal proceedings. It is clear that the lower court criminal case was closed. No plea was taken.…
Division and case type: CriminalCriminal Appeal
…On December 1, 1986 notice was filed of amendment of petition of appeal.…
…The effect of the notice of amendment was that the appellant amended his earlier petition of appeal by abandoning the grounds of appeal contained in it and replacing them with the grounds of appeal contained in the amended…
Division and case type: CivilCivil Case
…An amendment permitted by the court was to the effect that the alternative prayer was brought under Order 44, rule 1 of the Civil Procedure Rules (the Rules).…
Division and case type: CivilCivil Appeal
…The application for the proposed amendment which has not been heard seeks to delete reference to section 143. But prayers 3, 4 and 5 are identical as in the original Originating Summons.…
…In any event, there was before the superior court a pending application which sought directions of the Court and if that Court thought that amendments to the appellants’ Originating Summons were necessary to ensure that the…
Division and case type: CivilCivil Suit
…A parallel situation as regards the amendment of the rules might be said to have occurred in England in relation to extension of time.…
…Under the law as it was conceived to be before the amendment, such a mistake was considered to be in no circumstances a sufficient ground.…
Division and case type: CivilCivil Case
…A parallel situation as regards the amendment of the rules might be said to have occurred in England in relation to extension of time.…
…Under the law as it was conceived to be before the amendment, such a mistake was considered to be in no circumstances a sufficient ground.…
Division and case type: CriminalCriminal Appeal
…One must look to the Miscellaneous Amendment Act No 11 of 1991 in which the law has exempted technical witnesses to be called to give evidence before Court and documents so produced by then can be done without calling the…
Division and case type: CivilCivil Appeal
…It was understood by the trial court correctly that the amendments to the Land Control Act came into force on December 24, 1980 did not apply to this case, and having looked at its provisions, there is no was of construing…
…The amendment to the Act of December 1980 does not affect this transaction. The board could not extend the time of three months in the act.…
Division and case type: CivilCivil Appeal
…Acting pursuant to The Law Society of Kenya (.General) (Amendment) Regulations, 1995, which were published in the Kenya Gazette as Legal Notice No. 279 of 1995, the LSK advised the Bank in writing to stop all transactions…
…which was issued to Laura Ombogo and Miriam Ombogo, on 1st November, 1996, more than one year after the death of the deceased, it is shown at the bottom as having been amended on 1st November 1999, but the nature of the amendments…
Division and case type: CivilCivil Appeal
…According to rule 5(b) of the Civil Procedure (Amendment) Rules, 1984 (Legal Notice No.16 of 1984 made on 10th February 1984).…
…Thirdly, after February 10, 1984, according to rule 5 of the Civil Procedure (Amendment) Rules 1984, this suit could only be set down for hearing after the summons for directions had been dispensed with or in accordance with…