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…No.520 of 1997) JUDGMENT OF THE COURT This is an appeal from the order of the superior court (Hayanga J.) given on 26th February, 1998, in which, pursuant to interpleader proceedings under Order 33 rule 1 of the Civil Procedure…

…I am satised that the issue was before the Court and that the parties were heard on the issue and the main question here is whether or not the appellant suered any prejudice or injustice by the course that the proceedings…

…The evidence which was adduced in the proceedings for assessment of damages was specifically for that purpose and for none other.…

…An unsatisfied judgment against it exposes it to execution or winding up proceedings which falls foul of another one (clause 11 (a). It did not have the money ready to be paid.…

…The mischief against which all limitation Acts are directed is delay in commencing legal proceedings; for delay may lead to injustice, particularly where the ascertainment of the relevant facts depend on oral testimony.…

…The Public Trustee took no part in the proceedings. The learned judge held that Mary Njoki was not wife of the deceased, and she was not entitled to inherit any part of his estate. Mary Njoki has appealed.…

…If an expressed intention to marry, or if there had been an actual marriage ceremony, these proceedings would have been taken entirely differently, even in the case of these two incidents themselves.…

…High Court absolutely, and here substantially, succeeded on the question of liability and on loss of earnings, I would not interfere with the learned judge’s order that the appellant should pay the costs of the High Court proceedings…

…This mandatory requirement makes assessors part of the court and, as was stated in the case of Ndagizimana and Another v Uganda (1967) EA 35 at p 38, it is essential that all the evidence and proceedings at the trial should…

…Richard Ambogo Raden, the respondent in this case (hereinafter called the plaintiff) filed proceedings against Kenya Meat Commission (hereinafter called the defendant) claiming damages following an accident which occurred…

…I would grant an order for injunction to restrain Mr Keith and any partner in the respondents rm of advocates from continuing to act for the defendants in the main suit or in any litigation or proceedings arising from the…

…Although therefore this issue was not pleaded, from the proceedings before the superior court, it clearly was left to that court for decision – see the case of Odd Jobs v Mubia, [1970] EA 476 at page 476 letters H and I.…

…Procedure Code (Cap 75) remembering that the proviso thereto provides that in determining this question the court shall have regard to whether the objection ‘could and should have been raised at an earlier stage of the proceedings…