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…proceedings before Hon.…

…Stay the lower court proceedings pending the hearing and determination of this application. ii. Call up and examine the record of proceedings before Hon. Lily Nafula. iii.…

…That the accused person is likely to fail to attend court proceedings; or c. That the accused person is likely to commit, or abet the commission of, a serious offence; or d.…

…primary consideration for bail is whether the accused will attend his trial for the charges facing him, and it must, therefore, be a compelling reason if it is demonstrated that “the accused person is likely to fail to attend court…

…Another finding that I find not in tandem with the trial court proceedings is where the learned trial Magistrate states that the Appellant conceded during the hearing that some of the portions of the land subject of the said…

…I find nothing is on record either in the trial court proceedings or medical reports to show that 1 st Respondent had lucid moments.…

…She produced several items namely: police abstract, P3 form, invoice, receipt and NTSA record while she identified the court proceedings, discharge summary and x-ray. on cross examination, she stated inter alia; that she…

…That he produced the court proceedings as Exhibit 3.…

…It is noted that none of the parties herein has favoured this court with a copy of the lower court proceedings or the impugned order.…

…As noted from the foregoing authorities, stay of proceedings must have a higher threshold since it has the effect of derailing and forestalling court proceedings and is likely to lead to injustice to the adverse parties who…

…The Respondent on her part vehemently opposed the application and maintained that the Appellant’s name had already been included in Form P & A 5 and was later invited to attend the court proceedings but failed to participate…

…that the Appellant’s own family member Anne Marcela Omolo participated in the proceedings and agreed to hold in trust the share of the 1 st house, leads me to come to the conclusion that the Appellant had been aware of the court…

…Mulwa was not holding a current practising certificate when the lower court concluded the proceedings on or about 28th June, 1995 and thereafter ordered execution. Mr.…

…Second, the appeal filed as amended remains an appeal if the lower court proceedings remain valid. Here let that be the case. May the Respondent put up his side of the case when the appeal is heard.…

…Mulwa was not holding a current practising certificate when the lower court concluded the proceedings on or about 28th June, 1995 and thereafter ordered execution. Mr.…

…Second, the appeal filed as amended remains an appeal if the lower court proceedings remain valid. Here let that be the case. May the Respondent put up his side of the case when the appeal is heard.…

…The Respondent opposed the application vide a replying affidavit dated 11 th September 2025 wherein he averred inter alia; that neither the judgment nor the court proceedings indicated that the Appellant was granted a 30…

…It is also not in dispute that te Petitioners have not sought for a prayer for stay of the lower court proceedings. I find the issue for determination is whether the petition has merit. 21.…

…I find that it is necessary to capture the trial court proceedings regarding the withdrawal of the initial charges. They are follows: 10.2.2025 Before Hon. B.…

…A perusal of the lower court proceedings reveals that the Appellant had been charged with a traffic offence namely failing to maintain parts and equipment of a motor vehicle contrary to Section 55 (1) as read with Section…

…Hence, the appellant did not under any circumstance obstruct to justice during the trial and complied with court proceedings and thus the appellants lack of a 'spirited defence' should not be construed as aggravation; rather…

…At The time of the examination the complainant was well clouted, composed and in fair general condition. the appellant did not under any circumstance obstruct to justice during the trial and complied With court proceedings…

…She presented several exhibits such as police abstract, P3 form, birth certificate, court proceedings, discharge summary, receipts and copy of records. On cross examination, she stated that she was in form one.…

…She presented several exhibits inter alia; police abstract, P3 form, copy of Identity card, X-ray film, court proceedings in traffic case, discharge summary, receipts, copy of records.…

…That the intention of court proceedings is not to put parties into extreme difficulties and that in the present circumstance, the intended exhumation carries traumatic effects on family members.…

…Finally, it is my view that the application is an abuse of the court process as there is need for finality in court proceedings.…

…In the lower court proceedings, the Appellant (then the Claimant) had sought damages for personal injuries arising from a road traffic accident that occurred on 26th December 2024 at the Boro Area along the Siaya-Nyadorera…

…He also produced certain documents as exhibits namely, copy of court proceedings in Cr case No. E712 of 2021, copy of ruling dated 20/4/2023, copy of charge sheet and a copy of medical report.…

…It transpired form the lower court proceedings that the deceased had distributed his properties to his dependents prior to his demise leaving only two properties namely Siaya/Kokwiri/728 and Siaya/Kokwiri/212.…

…The object of the examination is to discover the true subject matter of the court proceedings to identify it either as a land matter or a constitutional matter for the enforcement of the Bill of Rights.…