Judgment[2023] KEHC 26694
Case law
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Division and case type: CriminalCriminal Appeal
It was submitted that there is a dispute regarding ownership of the suit properties. That under Order 40 Rule 1 of the Civil Procedure Rules, where there is proof that any property in dispute is in a danger of being wasted, damaged, alienated or disposed of, the court ought to grant a temporary injunction to restrain such acts.
Division and case type: CriminalCriminal Appeal
pursuant to the appellate powers of that court. The section does not expressly state that all such orders shall be appealable to this Court.
Division and case type: CriminalMiscellaneous Criminal Application
accused persons for trial his Court had become functus officio and could not make any further order thereon. While hearing this constitutional issue, it was submitted before us that after the magistrate committed the accused persons for trial to the High Court counsel tried to draw the learned Chief Magistrate’s attention to the irregularities committed, namely non-compliance with provisions of sections 231 up to 253 of the Criminal Procedure Code, but to no avail due to the hostile attitude hel