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…, accompany it with a notice of penal consequences and after which is when contempt proceedings can be served.…

…In this case it has been argued that the appellant was not party to these proceedings in P&A 55/91 and as such section 121 (1) (b) could not have been invoked.…

…Mr Imanyara’s objections mainly were that section 5 of the Judicature Act (cap 8) had given a special jurisdiction in relation to contempt proceedings.…

…If it was the intention of the applicant now to involve certain sections from the Penal Code then the contempt proceedings should have been brought under the Penal Code.…

…Rule 10(1) of order XXXVI of the Rules is in the following terms: “10 (1) Where, on an Originating Summons under this order, it appears to the Court at any stage of the proceedings that the proceedings should for any reason…

…be continued as if the cause 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 affidavits filed shall stand as pleadings,…

…The second part of the order is not relevant to these contempt proceedings because this court’s order restraining the Corporation from evicting the two applicants from the Post Office staff quarters occupied by either until…

…We are satisfied that Mr Malakwen was not served with the order in such a manner as would render him subject to committal order prayed in the committal proceedings filed on 28th October, 1993.…

…All execution proceedings against the second are also set aside. The second defendant will file her appearance and defence, both, within the next 15 days.…

…I make no order as to costs as the second defendant could have moved Court to set aside judgment last year when she became aware of these proceedings.…

…So far as the minute 69/93 is concerned I hereby grant leave to the applicants to apply for its judicial review and further direct that the grant of this leave shall operate as a stay of the proceedings in pursuance of this…

…minute until determination of these proceedings.…

…It also appears from a not very satisfactory record of appeal that proceedings to have the 1st respondent committed to civil jail for contempt were instituted at some stage and in consequence he was ordered by the Court to…

…question of inordinate delay we have earlier given a history of events which tend to show that in 1980 when the 2nd respondent, who first came to learn of the suit, when she was being evicted in consequence of execution proceedings…

…At this juncture, it is worth noting that although the record of the proceedings before the trial judge indicate that the summing-up to the assessors was done on 15th December, 1993 by the trial judge, the latter made no…

…Regarding the absence of summing-up notes on the record of the proceedings before the learned trial judge, we would only echo the words of the Court of Appeal for Eastern Africa in the case of Samusoni Mukono and another…

…followed but he was told that in accordance with the relevant law governing his profession that is to say the Advocates Act cap 16 Laws of Kenya he is the one to be followed as he gave a personal guarantee and disciplinary proceedings…

…on and it shows lack of seriousness on the part of the plaintiff in this matter. (3) That since the suit arises from a professional undertaking the plaintiff has to make good that undertaking before he can initiate civil proceedings…

…The plaintiff said in these proceedings that there was noreply to his letter. According to his evidence he then by continued to attend to his duties in the Mombasa office whileawaiting a reply to his letter.…

…I must, first of all, deal with the aspect of desertionfrom duty since in these proceedings the defendants have citedit as their justification for the dismissal act taken against(him (the plaintiff). Did he desert duty?…

…The record of the proceedings taken by the judge who tried the respondent’s application was cryptic and therefore of little assistance to this Court.…

…Indeed, throughout the proceedings before him, scantiness was his greatest handicap. The appellant’s complaint in this ground is not therefore without good reason.…

…Copies of the charge sheet and proceedings were produced as exhibit 5. In his submission the advocate for the defendant has urged the Court to ignore the conviction as the same was not pleaded.…

…The First respondent led a notice of appeal and applied for the proceedings in order to le the intended appeal. The second respondent did nothing on the decision. 4.…

…, although it was duly stamped after the institution of proceedings.…

…From this point, the record shows, the meeting degenerated into a bedlam making it impossible for the Town Clerk to make a record of the proceedings.…

…The types of reliefs available in judicial review proceedings are certiorari, prohibition, mandamus, claims for a declaration or injunction and for damages.…