Case law
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Division and case type: CivilCivil Appeal
…There is no provision for revival of dismissal, except by the plaintiff filing a fresh action. Yet, any dismissal under rule 4, is a bar to a fresh suit.…
…The position is that the dismissal cannot be set aside.”…
Division and case type: CivilCivil Appeal
…The reasons given for such dismissal were that the appellant was rude to customers, was guilty of insubordination and had once (on 29th June, 1991) used abusive language to the manager under whom he worked.…
…The reasons for dismissal were eventually not in issue as the learned judge in the superior court (Rimita J.) correctly held that the appellant (despite such alleged wrongful dismissal) was paid his full terminal dues, that…
Division and case type: CivilCivil Case
…Consequently, he argued, his dismissal was wrongful as entitles him to damages. He does not think the allegations which the defendant relied upon to dismiss him had any basis.…
…The plaintiff now contends that his dismissal has caused him loss and damage.…
Division and case type: CivilCivil Appeal
…He also complained of the delay in delivering reasons for dismissal of his appeal by the three judges of appeal. By so doing, Mr Matiba expected a response from the respondent and none other.…
…An application to strike out the petition as being incompetent, was dismissed by the Election Court and a Notice of Appeal against this dismissal was filed in this Court.…
Division and case type: Milimani Commercial CourtsUnclassified
…The respondent should consider himself lucky that instead of seeking the dismissal of the said suit for want of jurisdiction, the applicant has instead opted to have the suit transferred to a court with competent jurisdiction…
Division and case type: CivilCivil Appeal
…The appeal filed against the ruling of the learned judge ordering dismissal of the suit but deferring such dismissal until the application for amendment was heard has already been struck out as that appeal was filed without…
Division and case type: CivilCivil Appeal
…The 1st respondent in his written statement of defence and counter-claim prayed for a dismissal of the suit and a declaration that the appellant was a trustee for the 1st respondent for half of the suit premises.…