Judgment[1986] KECA 35
Case law
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Division and case type: CivilCivil Appeal
…Directions were due to be given in the suit on August 24, 1979. The consequence was Mr Macharia who was for Nduhiu, did not attend the court for the mention.…
…Directions under Order 51 Civil Procedure Rules having not been given or dispensed with the hearing should not have taken place; 3. Mr Justice J S Patel had failed to exercise his discretion judicially.…
Division and case type: CriminalCriminal Appeal
…The result was that the evidence of identification was highly suspect, proceeding from misdirection’s and non directions, so that not only could the first appellate Court not dismiss the first appeal summarily, the trial…
Division and case type: CivilCivil Appeal
…It is clear that directions should have been given on the trial of issues arising from the affidavits, and Mr Kiamba would not have been rushed into this foolhardy statements, which did not tally with this client’s affidavit…
…However that may be, the proper course was to give directions as to the trial of the issues, and as to whether rule 10 should be applied, turning the originating summons into a suit.…
Division and case type: Milimani Commercial CourtsCriminal Case
…sub-section(8) provides:- (8) In the exercise of the functions vested in him by sub-sections (3) and (4), (not relevant), of this sectionand by sections 44 and 55, (not relevant), the Attorney-General shall not be subject to the directions…
…made by a person in pursuance of subsection(1); (b) to determine any question arising in the case of a person which is referred to it in pursuance of subsection(3), any may make such orders, issue such writs and give such directions…