Case law
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Division and case type: Milimani Commercial CourtsCriminal Case
…Notwithstanding the considerable publicity already gathered by these proceedings so far they have come to nought. As this Court is hearing the application de novo its proceedings must be written fully.…
…of law, the Court may, and shall if a party to the proceedings so requests, refer the question to the High Court.”…
Division and case type: Milimani Commercial CourtsMiscellaneous Application
…itself, some of the relevant factors to take into account include the nature and importance of the course or matter, the amount or value of the subject matter involved, the interest of the parties, the general conduct of the proceedings…
…First, it must be appreciated that in the case of AHMEDNASIR ABDIKADIR & COMPANY ADVOCATES –VSPOSTAL CORPORATION OF KENYA (supra), the taxation of the Advocate/Client Bill of Costs came about in the middle of the ongoing proceedings…
Division and case type: Milimani Commercial CourtsCivil Case
…The appeal may be heard and, if successful, the proceedings in the superior court would be determined in accordance therewith.”…
…The Proceedings in the Lower Court may continue and even be determined but if the Appellant were to succeed in its appeal the proceedings in the Lower Court will be rendered unnecessary and the court hearing the appeal may…
Division and case type: Milimani Commercial CourtsCivil Case
…The appeal may be heard and, if successful, the proceedings in the superior court would be determined in accordance therewith.”…
…The Proceedings in the Lower Court may continue and even be determined but if the Appellant were to succeed in its appeal the proceedings in the Lower Court will be rendered unnecessary and the court hearing the appeal may…
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: Milimani Commercial CourtsCivil Case
…The first one is that the police officer as agent for the defendant must have instituted the criminal proceedings against the plaintiff. Mr Ojiambo says that a police officer does not or can not act as agent.…
…That the proceedings terminated in the plaintiff’s favour is acknowledged by the defendants. The plaintiff having established liability in the defendants, I turn to the question of damages.…
Division and case type: Milimani Commercial CourtsCivil Case
…It is evidently clear that in law a suit is defined in section 2 of the Civil Procedure Code to mean “all civil proceedings commenced in any manner prescribed''.…
…He is still a party to the proceedings and so the application is in order and he has locus standi.…
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: Milimani Commercial CourtsCivil Case
…This time no Will appears to have been mentioned and nothing was said about proceedings in Probate and Administration Cause No. 342 of 1987.…
…Throughout the proceedings before the elders, no evidence was adduced to give sufficient particulars of the disputed parcel of land it being referred to simply as “a shamba 2.5 acres” so that if the court subsequently adopts…
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: Milimani Commercial CourtsCivil Case
…Section 176 of the Evidence Act provides:- “Subject to this Chapter a copy of any entry in a banker’s book shall in all legal proceedings be received as prima facie evidence of such entry, and of the matters transaction and…
Division and case type: Milimani Commercial CourtsCivil Case
…I have examined the proceedings in this matter and it does seem that the plaintiff’s sole intention, in filing this suit was to obtain an injunction, as it did on 17th September 2003, and once that was achieved the plaintiff…
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.…
Division and case type: Milimani Commercial CourtsElection Petition
…The application by the 1st Respondent for stay of proceedings while he pursued an appeal was summarily dismissed by this court.…
…The Petitioner was happy to participate in the proceedings before me since 11/5/2011 until she lost on 14/10/2011.…
Division and case type: Milimani Commercial CourtsCase number Civil Application
…The defendant has been granted leave to bring into the proceedings as third-parties Afrocox Co Ltd (hereinafter called “Afrocox”) and Ashford Laboratories Ltd (hereinafter called “Ashford”) because Afrocox purportedly acting…
Division and case type: GeneralCase
…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.…