Case law
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Division and case type: CivilCivil Appeal
…By his principal submission, he contends that by virtue of Order 5 rules 9 and 12 of the Rules, there was no valid service of summons to enter appearance and that therefore the proceedings ex-parte were null and void ab initio…
…Accordingly in my view there was no valid service of the summons to enter appearance and therefore the proceedings exparte must be rendered null and void ab initio.…
Division and case type: CivilCivil Appeal
…In the plaint dated 2nd December, 1997, the respondent averred, firstly, that the notification of sale was invalid, and; secondly, that the mortgage created over the property was null and void and also invalid.…
Division and case type: CivilCivil Appeal
…and void.…
…and void.…
Division and case type: CivilCivil Appeal
…(a) On the plaint brought by the Society, the claim for damages was dismissed; (b) The order in 1978 of the Business Premises Rent Tribunal, that the Society pay Kshs. 20,000 as damages to the respondent was declared null…
…and void; and the sum of Kshs. 20,000 was to be paid into the High Court, and thereafter to be paid over to the defendant/respondent Green Hotel; (c)The order of the Tribunal dated October 5, 1976 which purported to give…
Division and case type: CivilCivil Appeal
…That the cancellation of the 1st defendant on 22nd December, 1986 in the Land Register of parcel number Chembe/Kibabamushe/427 and the registration of the Government of Kenya by the Land Registrar, Kilifi be declared to be null…
…and void. 4.…
Division and case type: CivilCivil Appeal
…As it does not, the appeal must be allowed, as the agreement for sale became null and void.…
…It was not a matter which could be allowed to go to arbitration since the arbitrators cannot declare the contract valid which a statute of Parliament has declared to be null and void. 11.…
Division and case type: CivilCase number Civil Application
…As it does not, the appeal must be allowed, as the agreement for sale became null and void.…
…It was not a matter which could be allowed to go to arbitration since the arbitrators cannot declare the contract valid which a statute of Parliament has declared to be null and void. 11.…
Division and case type: CivilCivil Appeal
…The letter of Consent is null and void and the whole transaction is a nullity due to failure of obtaining the Land Board Consent within the stipulated period according to law.…
Division and case type: CivilCivil Suit
…(1) a declaration that the Bank and KCFC were not entitled to demand payment of the money secured by the debentures before IFC released the loan to the company; (2) a declaration that the appointment of the receivers is null…
…and void and that each is a trespasser on the company’s premises; (3) an injunction to restrain the receivers from breaching the implied conditions of the debentures; (4) a perpetual injunction to restrain the defendants…
Division and case type: CivilCivil Suit
…Secondly, the purported arbitration proceedings presided over by BulBul Assistant Chief Benson were null and void, in that the proceedings were held in contravention of the order of this court which stipulated that the District…
Division and case type: Constitutional and Human RightsPetition
…conducted by the Respondent on 11th November 2007 and 13th November 2007 in respect of parliamentary elections for the year 2007 and based on National Assembly and Presidential Elections Regulations 1999 is ultra vires invalid, null…
…and void ab initio; (vi) That the grant of leave do operate as stay of orders of the Respondent stopping and/or preventing the Applicant from submitting his nomination and or any other requisite papers to the Respondent’…
Division and case type: Constitutional and Human RightsPetition
…conducted by the Respondent on 11th November 2007 and 13th November 2007 in respect of parliamentary elections for the year 2007 and based on National Assembly and Presidential Elections Regulations 1999 is ultra vires invalid, null…
…and void ab initio; (vi) That the grant of leave do operate as stay of orders of the Respondent stopping and/or preventing the Applicant from submitting his nomination and or any other requisite papers to the Respondent’…
Division and case type: CivilCivil Appeal
…of trespass had to be heard by elders, that because the sale agreement was not signed by Samson Luwayi, the appellants were sued before the magistrate as trespassers who had partly performed under a contract which became null…
…and void as a result of which the appellants became trespassers with John Onyango as a trespasser ab initio.…
Division and case type: CivilCivil Appeal
…In answer to paragraph six they said that if there was any agreement for sale, the same became null and void for lack of the Land Board Consent.They also said that the respondent came into the land in 1970 through his mother…
Division and case type: CivilCivil Appeal
…This being so, the proceedings in the suit in the High Court remained stayed and the suit could not have gone on for hearing and what hearing took place was null and void. This really concludes the matter before us.…
Division and case type: Constitutional and Human RightsPetition
…It is also the petitioner’s case that section 43 of the KCIA is inconsistent with Articles 24(2)(a) of the Constitution hence null and void to the extent that it did not set out the nature and extent of the limitation as…
Division and case type: CivilCivil Appeal
…To him therefore, the actions of Michael E Aronson, John Saul and Gabriel Nyambu at the extraordinary meeting of 6th June, 1990 and subsequent thereto were null and void.…
…and void; and that the resolution of the Board of Directors at its meeting dated 10th January, 1992 purporting to voluntarily wind up Stones Limited and to appoint Raj Sahi and Stavros Spyropoulos as its liquidators and…
Division and case type: CivilCivil Appeal
…That the alleged Christian marriage of the defendant to the deceased is null and void in that the deceased had contracted a valid Muslim marriage with the rst plainti which was subsisting as at the time of the alleged Christian…
…The appellants also sought that thee deceased’s alleged will disregarding them be declared null and void. 6.…
Division and case type: CriminalCriminal Appeal
…The Petitioner seeks amongst other orders a declaration that the process of seeking building approvals by the 1st, 2nd and 3rd Respondents from the 4th Respondent is was unlawful, irregular and null and void ab initio.…
Division and case type: CivilCivil Appeal
…They ask for a declaration, that the purported sale of the suit premises to the Second Defendant was fraudulent and therefore null and void, and consequently that the Second Defendant should deliver up to the Plaintiff the…