Search court decisions

…Consequently the police are completely out of these proceedings.…

…These are: (i) That the proceedings were instituted or continued by the defendant; (ii) That the defendant acted without any reasonable and probable cause; (iii) That the defendant acted maliciously and (iv) That the proceedings…

…Platt J exercising the discretion of the court, refused to stay the proceedings. Hence this appeal.…

…The issues for determination by Platt J on the motion for a stay of the proceedings were identical in each case.…

…17th day of July, 1996 in H.C.C.C NO. 2523 & 533 OF 1982) ********************* RULING OF THE COURT The present application seeks several orders namely that the appeal filed by the respondent be struck out, that contain proceedings…

…and orders of the superior court to set aside, that a Receiver appointed in respect of the applicant company do file proofs of debt and stay of proceedings.…

…Rule 10(1) of order XXXVI of the Rules is in the following terms: “10 (1) Where, on an Originating Summons under this order, it appears to the Court at any stage of the proceedings that the proceedings should for any reason…

…be continued as if the cause had been begun by filing a plaint, it may order the proceedings to continue as if the cause had been so begun and may, in particular, order that any affidavits filed shall stand as pleadings,…

…group, the Registrar may in writing require the officers of the group to produce to him evidence of either – (a) the settlement of the dispute and the proper appointment of officers of the group; or (b) the institution of proceedings…

…Sub-section (2) thereof gives a District Magistrate’s Court jurisdiction to settle disputes and make declarations for the purposes of proceedings instituted under subsection (1)(b) of the Section.…

…He states that there has been previous proceedings and that the subject matter of the suit does not exist as plaintiff has sub-divided the land sold some parts and retained others.…

…There has been previous proceedings. In Meru High Court Civil Appeal No. 22/88.…

…Section 9(3) of the Law Reform Act reads: “(3) In the case of an application for an order of certiorari to remove any judgment order decree conviction or other proceedings for the purpose of its being quashed, leave shall…

…It has been referred to as a chamber application throughout the typed proceedings of the Superior Court before us and we have to go by the proceedings before the Superior Court.…

…(b) That the attachment of motor vehicle together with its load of sisal be set aside until final determination of the objection proceedings herein.…

…The log book exhibited in the proceedings show the lorry KYG 958 had initially been the property of the defendant Company before it was transferred to the objector.…

…Unfortunately, Hariben died on July 3, 1980, with the result that there was a consent order in the High Court substituting Ranchod, as administrator of the Estate of Hariben, as second defendant, and, the proceedings before…

…Under section 2 of the Civil Procedure Act, “suit” means all civil proceedings commenced in any manner prescribed.…

…only co-ordinates and facilitates the deliberations of the said proceedings. 50.…

…According to the applicants the impeachment proceedings were conducted by the County Assembly, and within its Chambers.…

…So far as the minute 69/93 is concerned I hereby grant leave to the applicants to apply for its judicial review and further direct that the grant of this leave shall operate as a stay of the proceedings in pursuance of this…

…minute until determination of these proceedings.…

…In his affidavit in support of the application he deponed, inter alia, that he was neither served with summons to enter appearance and the plaint nor did he have any notice whatsoever of the proceedings in the suit.…

…That was clearly not true as the record of proceedings before the superior court is clear that the applicant filed a memorandum of appearance in person.…

…A final judgment of a competent Court in any criminal proceedings which declares any person to be guilty of a criminal offence shall, after the expiry of the time limited for an appeal against such judgment or after the date…

…complains about the learned judge awarding a sum of shs.80,000/= under the Law Reform Act when the respondent had not taken out letters of administration for the estate of her deceased husband at the time she instituted the proceedings…

…proceedings before the magistrates, might influence the decision of the magistrates adversely to the applicant.…

…that even a suspicion that there has been an improper interference with the course of justice’ is enough to vitiate the proceedings, an observation which has been invoked as the original of reasonable suspicion test.…

…The second part of the order is not relevant to these contempt proceedings because this court’s order restraining the Corporation from evicting the two applicants from the Post Office staff quarters occupied by either until…

…We are satisfied that Mr Malakwen was not served with the order in such a manner as would render him subject to committal order prayed in the committal proceedings filed on 28th October, 1993.…

…Secondly, the decree holder relies on the compromise settlement which was worked out before the attached goods, which, he says, included the subject matter of these objection proceedings, were released to the defendant by…

…Mr Kabuki, the advocate, who signed that consent settlement on behalf of the 3 objectors testified in the present objection proceedings to the effect the objector herein was one of his three clients on whose instructions…

…That may be so but once it is brought in the proceedings it has to take part even if passively. To sum it all up I would make the following orders:- 1.…

…That all further proceedings in the superior court are hereby stayed pending the conclusion of arbitration proceedings between the parties (T.S.…

…of the lower court which were produced by the consent of the parties under S.61 of the Evidence Act as the parties had agreed to rely thereon during the proceedings, the parties herein have been seriously handicapped in…

…The traffic case proceedings were also produced as exhibits by consent. The plaintiff in addition to the affidavit evidence and evidence in the lower court called three witnesses while the defendant called 1 witness.…

…of the lower court which were produced by the consent of the parties under S.61 of the Evidence Act as the parties had agreed to rely thereon during the proceedings, the parties herein have been seriously handicapped in…

…The traffic case proceedings were also produced as exhibits by consent. The plaintiff in addition to the affidavit evidence and evidence in the lower court called three witnesses while the defendant called 1 witness.…