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…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.…

…reason for non action in these matters has been blamed on the applicant's previous advocate Onyango Otieno who though he filed a notice of appeal within time, had let the applicants down in not collecting the record of proceedings…

…For though the proceedings and judgment were paid for on 18th February, 1997 and were ready for collection on 6th March, 1997, they were not collected until 18th August, 1997, when the applicants had again instructed a third…

…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.…

…On the technical front it is clear that the proceedings were commented by plaint. Its mode of presentation automatically brings the proceedings within the provisions of order 7 rules 1 (1), (2) and (3) thereof.…

…The case of Ndegwa Wachira versus Ricarda Wanjiru Ndanjeru (1982) I KAR where it was held inter alia that when a breach of the rules is not fundamental the proceedings will not be set aside.…

…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…

…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.…

…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.…

…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.…

…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.…

…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.…

…Although through it stated that it would at the appropriate time institute third party proceedings against the County Government, the Respondent never did so. 6.…

…With regards to the Respondent’s averments that the County Government of Nairobi contributed entirely or substantially to the negligence, we nd that no third-party proceedings were ever instituted against the County Government…

…The respondent commenced proceedings in the superior court for damages for breach of contract, specific performance of the contract by execution of all necessary documents, general damages, exemplary damages, interests and…

…An analogy may also be drawn from the area of reinstating proceedings which have been determined, that is setting aside of orders already made. In the case of SHABIR DIN V. RAM PRAKASH ANAND cited in MAINA V.…

…Regarding stay of execution Order 42 Rule 6 of the Civil Procedure Rules governs the conditions to be met by a party to the proceedings seeking stay of execution of the Judgment.…

…Regarding stay of execution Order 42 Rule 6 of the Civil Procedure Rules governs the conditions to be met by a party to the proceedings seeking stay of execution of the Judgment.…

…Regarding stay of execution Order 42 Rule 6 of the Civil Procedure Rules governs the conditions to be met by a party to the proceedings seeking stay of execution of the Judgment.…

…It is an established principle of law that in order to succeed in civil contempt proceedings, the applicant has to prove (i) the terms of the order, (ii) Knowledge of these terms by the Respondent, (iii).…

…The applicant must prove all the above requirements to the requisite standard, that is a standard higher than the balance of probabilities threshold applied in civil proceedings but below the proof beyond a reasonable doubt…