Case law
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Division and case type: CivilCivil Appeal
…Directions were due to be given in the suit on August 24, 1979. The consequence was Mr Macharia who was for Nduhiu, did not attend the court for the mention.…
…Directions under Order 51 Civil Procedure Rules having not been given or dispensed with the hearing should not have taken place; 3. Mr Justice J S Patel had failed to exercise his discretion judicially.…
Division and case type: CivilCivil Appeal
…Under rule 17(1) of the Rules, there being no directions given by this court as to the mode of service, personal service in the present instance must be effected by serving the Notice of Appeal on a director, manager or secretary…
Division and case type: CriminalCriminal Case
…Despite of this failure to comply with the directions of the court, the Applicant somehow obtained a warrant of attachment of the properties of the Respondent.…
Division and case type: CriminalCriminal Appeal
…The result was that the evidence of identification was highly suspect, proceeding from misdirection’s and non directions, so that not only could the first appellate Court not dismiss the first appeal summarily, the trial…
Division and case type: CivilCivil Appeal
…In any event, there was before the superior court a pending application which sought directions of the Court and if that Court thought that amendments to the appellants’ Originating Summons were necessary to ensure that the…
…same was properly before it, directions in that regard ought to have been given.…
Division and case type: CivilCivil Appeal
…It is clear that directions should have been given on the trial of issues arising from the affidavits, and Mr Kiamba would not have been rushed into this foolhardy statements, which did not tally with this client’s affidavit…
…However that may be, the proper course was to give directions as to the trial of the issues, and as to whether rule 10 should be applied, turning the originating summons into a suit.…
Division and case type: CriminalCriminal Case
…The learned magistrate erred in making the closing order regarding the suit premises with effect from the 31st of October 1992 without limiting the period of such closure and without issuing appropriate directions. 2.…
Division and case type: CivilCivil Appeal
…Thirdly, Mr Sampson had failed to give directions as to what should be done with monies deducted from the basic salary which the Defendant Corporation should not retain for its own benefit.…
Division and case type: CivilCivil Appeal
…On 2nd April, 2004, over 9 years later, the applicant filed an application by notice of motion under Section 3A Civil Procedure Act for directions regarding the hearing of the appeal and for an order that the appeal be heard…
Division and case type: CivilCivil Appeal
…On the 29th day of December, 1995 the plaintiff filed a 15 page plaint against the defendant claiming the following reliefs: "(a) Declarations in terms of paragraph 13 `above' and directions and judgment for loss and for…
Division and case type: CriminalCriminal Appeal
…Then PW1 saw an old man separate the two and they ran in different directions. An Asian national at house No. 287 at Ushirika Estate allowed the deceased into his compound.…
Division and case type: CivilCivil Appeal
…originating summons were being considered: 'Such procedure is primarily designed for the summary and 'Ad hoc' determination of points of law or construction or of certain questions of fact, or for the obtaining of specific directions…
Division and case type: CivilCivil Appeal
…to all suits shall be in the discretion of the court or judge and the court or judge shall have full power to determine by whom and out of what property and to what extent costs are to be paid, and to give all necessary directions…
Division and case type: CivilCivil Appeal
…other disability to practice. (3) Where a member dies testate, the administrator or administrators shall deal with his firm as may be stated in his will; but in case of intestacy, the Council of the Society shall give such directions…
Division and case type: CivilCivil Appeal
…was probably what the respondent’s advocates were waiting for, for they lost no time in informing the appellant’s advocates that they intended as a result of Mr Mwarania’s letter, to apply to the High Court for further directions…
Division and case type: Anti-CorruptionMiscellaneous Criminal Application
…sub-section(8) provides:- (8) In the exercise of the functions vested in him by sub-sections (3) and (4), (not relevant), of this sectionand by sections 44 and 55, (not relevant), the Attorney-General shall not be subject to the directions…
…made by a person in pursuance of subsection(1); (b) to determine any question arising in the case of a person which is referred to it in pursuance of subsection(3), any may make such orders, issue such writs and give such directions…
Division and case type: CivilCivil Appeal
…other disability to practice. (3) Where a member dies testate, the administrator or administrators shall deal with his firm as may be stated in his will; but in case of intestacy, the Council of the Society shall give such directions…
Division and case type: CivilCivil Appeal
…other disability to practice. (3) Where a member dies testate, the administrator or administrators shall deal with his firm as may be stated in his will; but in case of intestacy, the Council of the Society shall give such directions…
Division and case type: CivilMiscellaneous Application
…husband who had removed their two children the day before, though no proceedings had been instituted, on an undertaking by her solicitors that they would issue an originating summons the next day and later, on a summons for directions…
Division and case type: CivilCivil Appeal
…If a defendant has some other home, the process server should seek directions to that home with a view to personally serving the defendant.…