Case law
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Division and case type: CivilCivil Suit
…The judgment on the counterclaim was set aside and the proceedings continued in a consolidated form and on oral evidence.…
…Any defence that is open to him at the time the application is granted is available to him as if proceedings were first instituted against him at that time.…
Division and case type: CivilCivil Case
…Statutes Government Proceedings Act, (cap 40) section 12 October 28, 1985, Bhandari J delivered the following Judgment.…
…the two employees (first and second defendants) of the Ministry of Tourism and Wildlife as game scouts and the Attorney-General (third defendant) who is made a party to the suit in terms of section 12 of the Government Proceedings…
Division and case type: CivilCivil Case
…PYRETHRUM GROWERS CO-OP LTD & 9 OTHERS…… DEFENDANTS RULING At the opening of the hearing inter partes of an application by the plaintiffs for an injunction, the counsel for the defendants took a preliminary objection to the proceedings…
Division and case type: CivilMiscellaneous Application
…A certified copy of the proceedings together with a certificate of delay confirming that the proceedings were applied for on 21st November 2002, but received on 17th February, 2003 has been availed.…
…The application is objected to on the grounds that the proceedings were not necessary for the appeal to be filed, and that there was a further delay after receipt of the proceedings which delay has not been explained, and…
Division and case type: CivilCivil Appeal
…Nzei asked this court to nullify all the proceedings that went on in P.M.C.C.NO. 303/95 because Mr.…
…All he did was unlawful and thus of no validity at all hence nullifying those proceedings. Mr.…
Division and case type: CivilCivil Suit
…Secondly, the purported arbitration proceedings presided over by BulBul Assistant Chief Benson were null and void, in that the proceedings were held in contravention of the order of this court which stipulated that the District…
…Indeed a copy of the arbitration proceedings annexed to the affidavit clearly show that it was the Assistant Chief that took charge of the proceedings and "gave judgment" and accordingly signed the Award.…
Division and case type: CivilCivil Case
…Nzei asked this court to nullify all the proceedings that went on in P.M.C.C.NO. 303/95 because Mr.…
…All he did was unlawful and thus of no validity at all hence nullifying those proceedings. Mr.…
Division and case type: CivilCivil Suit
…… in respect of a matter agreed to be offered:- (a) any party to those proceedings may at any time after appearance, and before delivering any pleadings or taking any other steps in the proceedings, apply to that Court to…
…stay the proceedings …” Mr Kituku for the defendant submitted that a party may rely on the above subsection even after delivering pleadings.…
Division and case type: CivilCivil Case
…Mr Hawala has submitted that section 4 of the Government Proceedings Act was borrowed from section 2 of the Crown Proceedings Act 1947 of England and has referred to the case of Royal Aquarium and Summer and Winter Garden…
…Act, 1888, from the local justices to the County Council) were “judicial proceedings”, so that absolute privilege could be claimed in respect of remarks made there in proceedings taken for defamation.…
Division and case type: CivilCivil Case
…In India the wife had brought bastardy proceedings against the co-respondent in respect of such illegitimate child.…
…In Indian proceedings a Mrs Ingles had given evidence which supported the wife’s claim, and hence the pypothesis of the wife’s adultery.…
Division and case type: CivilCivil Case
…written law, the fact that any matter in issue in any criminal proceedings is also directly or substantially in issue in any pending civil proceedings shall not be aground for any stay prohibition or delay of the criminal…
…proceedings.…
Division and case type: CivilCivil Case
…The grounds in support of the application are that fees have not been paid and in the absence of an order of court to the effect that fees are not to be paid the proceedings are a nullity and the respondent should be ordered…
…In default of No.1 above the judgement and the proceedings herein shall become null and void and the plaintiff shall be obligated to refund the amount paid to them by the defendant immediately upon default.…
Division and case type: CivilMiscellaneous Application
…These proceedings were contained in Document No. 5 and it is in respect of these proceedings that the Order of Certiorari was sTohueg htc obuyn setlhes afpoprl itchaen t.Registrar of Trade Unions and the Banking, Insurance…
…Rule 7 (1) of Order LIII of the Civil Procedure Rules, where relevant in regard to proceedings, requires a copy of the said proceedings verified by affidavit to be lodged with the Registrar of this court before the hearing…
Division and case type: CivilCivil Case
…And if any proceedings exist pursuant to the provisions of the said chapter 301 of the Laws of Kenya then the same are null and void and inconsistent with written law.”…
…The plaintiff’s application should await the finality of the proceedings at the said Business Premises Rent Tribunal.”…
Division and case type: CivilCivil Appeal
…Civil Application number 261 of 2006 had stayed all further proceedings in the matter. The learned Principal Magistrate overruled that arguement and ordered the applications to proceed.…
…His oral application to stay the proceedings pending the appeal against the Magistrate’s ruling that the matter proceeds was frivolous and intended to achieve the same purpose.…
Division and case type: CivilCivil Case
…by the Tribunal; and, an order that they desist from subjecting her to annoyance or harassment to induce her either to vacate the suit premises or to pay a higher rent.That in effect meant that there was duplication of proceedings…
…The plaintiff was not right to institute concurrent proceedings before two separate courts. (Section 6 of the Civil Procedure Act refers).…
Division and case type: CivilMiscellaneous Application
…He must also demonstrate that this court has jurisdiction to entertain the proceedings. 3.…
…Be as it may, it is clear that the proceedings before the Tribunal were under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap 301 of Laws of Kenya.…
Division and case type: CivilCivil Appeal
…He applied on some unspecified date for a certified copy of the first appeal proceedings and judgment and did not obtain them until November 30, 1983.…
…The law cited to Mr Justice Gicheru included section 6 Judicature Act (Cap 8), section 4(5) Government Proceedings Act (Cap 40) and Davis & Shirtliff Ltd v AttorneyGeneral, Court of Appeal 21 of 1978.…
Division and case type: CivilCivil Appeal
…Counsel for the appellant also faulted the way the trial was conducted by the magistrate and the way the proceedings were recorded wh ich he contended resulted in a miscarriage of justice.…
…The records of proceedings and the evidence by the parties is so jumbled that I find it impossible to make sense of the evidence that was adduced before the trial court.…
Division and case type: CivilCivil Suit
…Accordingly none of the parties to it or any other person would adduce them in evidence in subsequent proceedings without the consent of the parties to it.…
…policy of the law that disputes should be amicably settled, where possible, and parties be at liberty to freely admit certain facts to facilitate a settlement without the fear of them being used against them in subsequent proceedings…