Case law
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Division and case type: CivilCivil Case
…In India the wife had brought bastardy proceedings against the co-respondent in respect of such illegitimate child.…
…In Indian proceedings a Mrs Ingles had given evidence which supported the wife’s claim, and hence the pypothesis of the wife’s adultery.…
Division and case type: CivilCivil Appeal
…There is no question that the Court has power, under VIA rule 3(1) of the Civil Procedure Rules to allow an amendment, at any stage of the proceedings, on such terms as to costs or otherwise as may be just and under rule…
…The appellant now complains that the amendment should not have been allowed at such a late stage of the proceedings.…
Division and case type: CivilCivil Appeal
…The appellant then instituted these proceedings for the recovery of salary for 12 months.…
Division and case type: CriminalCriminal Appeal
…Chunga invoked the revisionary jurisdiction of the High Court and having done so the parties to the proceedings before Patel, J were the appellant and the Republic.…
…By virtue of section 361 (7) the proceedings before Patel, J are deemed to have been conducted pursuant to the appellate jurisdiction of the High Court and accordingly the appellant who was a party to the proceedings before…
Division and case type: CriminalCriminal Appeal
…The oral application made by the children’s officer, without any affidavit in support denied the appellant an opportunity of challenging the whole proceedings. The procedure adopted was wrong.…
Division and case type: CivilCivil Appeal
…allow Diamond Trust reasonable time to prove that it was the owner of the vehicle; or else the court broker for failing to give adequate notice of the auction which would have enabled Diamond Trust to institute objection proceedings…
Division and case type: CivilCivil Appeal
…book is that powers of the court to allow amendment is to determine the true, substantive merits of the case; amendments should be timeously applied for; power to so amend can be exercised by the court at any stage of the proceedings…
…There will be cases in which justice will be better served by allowing the consequences of the negligence of the lawyers to fall on their own heads rather than by allowing an amendment at a very late stage of proceedings.…
Division and case type: CivilCivil Appeal
…Adipo for the respondent, contended that the record of the proceedings before the superior court contained adequate evidence to show that the rst appellant had been divorced by the deceased.…
…I agree entirely with Miss Abida Ali’s submission that the order in faovur of Yusuf Kipkorir Kaittany had no legal basis as he was not a party to the proceedings.…
Division and case type: Milimani Commercial CourtsCivil Case
…Finally I am of the opinion that the non-disclosure of prior proceedings which no stand withdrawn is not sufficiently material to impel me to view the wife’s present application with disfavour.…
Division and case type: CivilCivil Appeal
…When the appellant failed to pay this sum, the respondent instructed its advocates to institute proceedings against the appellant for this sum of 190, 956/70 which together with interest, had by the end of September, 1985…
Division and case type: CivilCivil Case
…vehiclewas 20-30 metres in front of the witness on the grounds that theevidence was in the circumstances improbable and in any case the witness was not truthful as he had denied ever taking alcoholwhereas in the traffic proceedings…
Division and case type: CivilCivil Appeal
…I am satised that the issue was before the Court and that the parties were heard on the issue and the main question here is whether or not the appellant suered any prejudice or injustice by the course that the proceedings…