Case law
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Division and case type: Constitutional and Human RightsPetition
…He urged this court not to micro-manage the proceedings before the Trial Court. 15.…
…The lower court proceedings reveal that on 28th January, 2020 the plea against the applicants was taken in Shanzu Law Courts.…
Division and case type: Constitutional and Human RightsPetition
…Accordingly, this court has no jurisdiction to hear and determine stale proceedings. 19.…
…It follows that this court cannot watch and not see and or not hear irregular proceedings being conducted and leave those proceedings to remain on record. 22.…
Division and case type: Constitutional and Human RightsPetition
…The company concurrently with that reply filed an application seeking orders to prohibit the company from advertising the petition and the removal of the petition from the file of the proceedings or in the alternative that…
…It was common ground that after my dismissal of the application to remove the petition from the proceedings or stay or strike out the same, the company came along and paid the entire principal amount owed to the petitioner…
Division and case type: GeneralUnclassified
…She also claimed that no hearing is allowed in revision proceedings. With due respect we do not think Miss Nyaanga’s submissions are quite correct.…
…The procedure followed in commencing these proceedings, is in our view, proper.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…The object of the examination is to discover the true subject matter of the court proceedings to identify it either as a land matter or a constitutional matter for the enforcement of the Bill of Rights.…
…that the proceedings should for any reason be continued as if the case 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…
Division and case type: Constitutional and Human RightsElection Petition
…Although dealing with service under rule 15, the Court was emphatic that there being no personal service and the advertisement in the gazette being out of time, the proceedings were a nullity.…
…Failure to serve within the stipulated 10 days renders any consequential proceedings a nullity. In our view the subrule is complete and positively states what to be done by who, on who and in which time span.…
Division and case type: Constitutional and Human RightsElection Petition
…The facts leading to these proceedings are brief and straightforward.…
…No proceedings or decision of the Assembly or the Committee of Privileges acting in accordance with this Act shall be questioned in any Court.” 17.…
Division and case type: Constitutional and Human RightsElection Petition
…The facts leading to these proceedings are brief and straightforward.…
…No proceedings or decision of the Assembly or the Committee of Privileges acting in accordance with this Act shall be questioned in any Court.” 17.…
Division and case type: Constitutional and Human RightsPetition
…At the commencement of the proceedings it was agreed by consent that issues of property be dealt with at a later stage either in the same proceedings or in fresh proceedings and hence this judgment deals with dissolution…
…In costs in matrimonial proceedings except where it is shown that she has sufficient separate estate. In this case it has not been shown that the respondent has separate estate.…
Division and case type: GeneralUnclassified
…This application before us is for stay of proceedings in the superior court pending the hearing and determination of an intended appeal. There is nothing however to stay under rule 5(2) of the Rules of this court. Mr.…
Division and case type: GeneralUnclassified
…DAMJI PATTNI.........................APPLICANT AND NASIR IBRAHIM ALI DINKY INTERNATIONAL SA WORLD DUTY FREE COMPANY LIMITED KENYA DUTY FREE COMPLEX................................RESPONDENTS (Application for stay of all proceedings…
Division and case type: GeneralUnclassified
…Akhaabi, advocate for the applicants, that he applied for certified copies of the proceedings and judgment on October 22, 1991 he stated from Bar that he had in fact applied for them on July 3, 1990.…
…There is, however, no satisfactory account of the time that has lapsed between January, 1992 up to December 1992 when copies of proceedings were collected. This is almost a whole year.…
Division and case type: GeneralUnclassified
…I have considered the application, the grounds of appeal and the proceedings. At this stage I can only state that the appeal raises arguable issues.…
Division and case type: GeneralUnclassified
…An application for copies of proceedings (copied to the other side) was made on 10 March, 1999 and these were collected on 8 May, 1998 . The last day, therefore, for the filing of the appeal, as Mrs.…
Division and case type: GeneralUnclassified
…After viewing the proceedings in July 1998 this application was not filed until, as I have already seen, 4th September, 1998. There is no explanation for this long delay.…
Division and case type: Constitutional and Human RightsJudicial Review
…Sometimes in the year 2006, the interested party commenced proceedings against the applicant claiming the suit land or a portion thereof. The 1st respondent awarded the whole of the suit land to the interested party.…
Division and case type: Constitutional and Human RightsElection Petition
…Before Mr Nowrojee responded to Mr Kilonzo’s reply, Mr Mbaya rose to press for costs in these proceedings.…
…Mr Kilonzo had posited that since the 2nd and 3rd respondents filed no papers in these proceedings then they were not entitled to costs in the event this application was not successful.…
Division and case type: Constitutional and Human RightsPetition
…53 Rule 1(3) Civil Procedure Rules (2) That the court do grant leave to the Applicant to apply for (i) An order of certiorari directed at the Respondents removing to this court for purposes of being quashed any purported proceedings…
…Discretion was exercised by the Respondent in the testing of the Applicant and it would be a futile exercise granting the Applicant leave to bring Judicial Review proceedings.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…Clearly, the said proceedings taken up by the petitioner are on the grievance that despite the provisions with respect to the power of mercy pursuant to Article 133 of the Constitution to having considered commutation of…
…Whatever form of proceedings adopted by the advisory committee, the basic elements stipulated in the Act states that the convict to participate and allowed an opportunity to present his case capable of resulting in pardon…
Division and case type: GeneralUnclassified
…I order the respondent to pay the costs occasioned by these proceedings. Finally, I direct that a decree nisi do issue today, and the same to be made absolute within a period of one month from today.…