Case law
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Division and case type: CivilCivil Appeal
…On the question of malice Mrs Madahana, state counsel, on behalf of the respondent very properly raised the issue of non-compliance with order 6 rule 6 A (3) of the Civil Procedure Rules which has prescribed that where a…
Division and case type: CivilCivil Appeal
…Apart from this non-compliance with an elementary but mandatory procedural rule which in contempt proceedings has prescribed “personal service”, Mr Lakha pointed out other flaws to which we will now turn our attention.…
Division and case type: CivilCivil Appeal
…one who was illegally elected the new Mayor at the chaotic assembly on 20th April, and who planted himself surrounded by his supporters in front of the Mayor, as the first defendant; Councillor Akech who inspite of the non-compliance…
Division and case type: CivilCivil Appeal
…The Election Court held: “The provision contained in rule 4(3) that a petitioner personally sign the petition was mandatory and not merely discretionary and the petitioner’s non-compliance with it was fatal.” 13.…