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…No.520 of 1997) JUDGMENT OF THE COURT This is an appeal from the order of the superior court (Hayanga J.) given on 26th February, 1998, in which, pursuant to interpleader proceedings under Order 33 rule 1 of the Civil Procedure…

…No.520 of 1997) JUDGMENT OF THE COURT This is an appeal from the order of the superior court (Hayanga J.) given on 26th February, 1998, in which, pursuant to interpleader proceedings under Order 33 rule 1 of the Civil Procedure…

…secretary so directs, be kept and remain in police custody, prison or immigration holding facility or until his departure from Kenya, and while so kept is deemed to be in lawful custody whether or not he has commenced any legal proceedings…

…I am satised that the issue was before the Court and that the parties were heard on the issue and the main question here is whether or not the appellant suered any prejudice or injustice by the course that the proceedings…

…The evidence which was adduced in the proceedings for assessment of damages was specifically for that purpose and for none other.…

…vehiclewas 20-30 metres in front of the witness on the grounds that theevidence was in the circumstances improbable and in any case the witness was not truthful as he had denied ever taking alcoholwhereas in the traffic proceedings…

…The record of proceedings in the superior court does not indicate In his responding affidavit sworn on 5th June, 1987, Kweyu Omuto, the respondent, deponed as follows:- 11.…

…The learned magistrate should have firmly resisted the request for ex-parte orders so as to streamline the proceedings.…

…According to the records of the arbitrator filed in court for what it is worth, the 1st Defendant is recorded to have stated as follows in page 5 of the proceedings- "In September, 1987, I saw the 2nd Defendant who wanted…

…An unsatisfied judgment against it exposes it to execution or winding up proceedings which falls foul of another one (clause 11 (a). It did not have the money ready to be paid.…

…An unsatisfied judgment against it exposes it to execution or winding up proceedings which falls foul of another one (clause 11 (a). It did not have the money ready to be paid.…

…The Public Trustee took no part in the proceedings. The learned judge held that Mary Njoki was not wife of the deceased, and she was not entitled to inherit any part of his estate. Mary Njoki has appealed.…

…If an expressed intention to marry, or if there had been an actual marriage ceremony, these proceedings would have been taken entirely differently, even in the case of these two incidents themselves.…

…The mischief against which all limitation Acts are directed is delay in commencing legal proceedings; for delay may lead to injustice, particularly where the ascertainment of the relevant facts depend on oral testimony.…

…High Court absolutely, and here substantially, succeeded on the question of liability and on loss of earnings, I would not interfere with the learned judge’s order that the appellant should pay the costs of the High Court proceedings…

…Richard Ambogo Raden, the respondent in this case (hereinafter called the plaintiff) filed proceedings against Kenya Meat Commission (hereinafter called the defendant) claiming damages following an accident which occurred…

…So much for the pleadings, the correspondence, the proceedings in the High Court and the submissions of the advocates for the parties. The relevant law follows.…

…Although therefore this issue was not pleaded, from the proceedings before the superior court, it clearly was left to that court for decision – see the case of Odd Jobs v Mubia, [1970] EA 476 at page 476 letters H and I.…