Case law
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Division and case type: CriminalMiscellaneous Criminal Application
…Mr Chunga contended that no provisions of the Constitution had been violated although there were complaints about non-compliance with the provisions of the Criminal Procedure Code.…
…According to him non-compliance with certain provisions of the Criminal Procedure Code, if any, were procedural irregularities and not constitutional issues.…
Division and case type: CivilCase number Civil Application
…of any delay, the explanation for the delay, the prejudices of the delay to the other party, the merits of the appeal (without holding a mini appeal), the effect of the delay on public administration, the importance of compliance…
…to ignore time limits since an important feature in deciding what justice required was to bear in mind that time limits were there to be observed and justice might be seriously defeated if there was laxity in respect of compliance…
Division and case type: CivilCivil Appeal
…On February 5, 1987, he lodged a Record of Appeal in apparent compliance with rules 81 and 85 (1) of the Court of Appeal Rules. The record contains a five-page ruling of the court.…
Division and case type: CivilCivil Appeal
…As the order of Muli J.A was not capable of compliance and as there was a genuine error on part of Mrs. Rawal, and as (I do believe) a counsel could well so genuinely err, I consider that the error was excusable.…
Division and case type: CivilCivil Appeal
…The Election Court held: “The provision contained in rule 4(3) that a petitioner personally sign the petition was mandatory and not merely discretionary and the petitioner’s non-compliance with it was fatal.” 13.…
…signed by him within the meaning of Sec 65 (2) (1) of the Act of 1932.; and Dennnig L J (expressing no view) said: “The name of the rm being the plainti’s professional name, his signature in the name of the rm was a compliance…
Division and case type: CivilCivil Appeal
…It was Mr Inamdar’s submission before us that the adavit Mr Johnson Robert Kariuki sworn on 5th December, 1988, was manifestly defective for lack of compliance with the mandatory provisions of RSC 0.75 r 5 (4) and (9).…