Search court decisions

…The appellant sought to have an order for retrial, asserting that it was in the interests of justice to order a retrial where the record of proceedings has been tampered with in an appeal, and fair hearing cannot be achieved…

…The record shows that the complaint relating to the record of appeal was in fact raised and addressed during the proceedings.…

…Unfortunately, Hariben died on July 3, 1980, with the result that there was a consent order in the High Court substituting Ranchod, as administrator of the Estate of Hariben, as second defendant, and, the proceedings before…

…Under section 2 of the Civil Procedure Act, “suit” means all civil proceedings commenced in any manner prescribed.…

…The bankwas made a party to execution proceedings. It is true that Mr. Gatonye orally applied for leave to appeal on1/10/98 after the Ruling was read. It is also true that Mr.…

…Order 75, (the Order), the Supreme Court Practice, 1988 of England had provided for admiralty proceedings.…

…Where a court had no jurisdiction, there would be no basis for a continuation of proceedings pending other evidence.…

…Chunga invoked the revisionary jurisdiction of the High Court and having done so the parties to the proceedings before Patel, J were the appellant and the Republic.…

…By virtue of section 361 (7) the proceedings before Patel, J are deemed to have been conducted pursuant to the appellate jurisdiction of the High Court and accordingly the appellant who was a party to the proceedings before…

…The bankwas made a party to execution proceedings. It is true that Mr. Gatonye orally applied for leave to appeal on1/10/98 after the Ruling was read. It is also true that Mr.…

…There was no order by which the two matters were consolidated and so far as we can tell, the record for the miscellaneous matter was not placed before the Judge as it does not form part of the record of proceedings on which…

…The First respondent led a notice of appeal and applied for the proceedings in order to le the intended appeal. The second respondent did nothing on the decision. 4.…

…, although it was duly stamped after the institution of proceedings.…

…As I understand it, leave to appeal from an order in civil proceedings will normally be granted where prima facie it appears that there are grounds of appeal which merit serious judicial considerations but where, as in the…

…Justice Act 1948 a conviction of an offender followed by an order placing the offender on probation or discharging him absolutely or conditionally, had to be deemed to be no conviction, except for the purposes of those proceedings…

…Not only are the sittings of Parliament at an end, but all proceedings pending at the time are quashed… Every Bill must therefore be renewed after a prorogation as if it were introduced for the first time.”…

…Such a provision would have been unnecessary if subsidiary legislation laid before the house were regarded as proceedings pending at the time of prorogation which are quashed by prorogation.…

…Adipo for the respondent, contended that the record of the proceedings before the superior court contained adequate evidence to show that the rst appellant had been divorced by the deceased.…

…I agree entirely with Miss Abida Ali’s submission that the order in faovur of Yusuf Kipkorir Kaittany had no legal basis as he was not a party to the proceedings.…

…Consequently he acceded to the application to strike out the petition with costs, and ordered that it be expunged from the register of winding up proceedings.…

…court to stay an action in limine as an abuse of process is a jurisdiction to be exercised with great circumspection, and exactly the same consideration must apply to a‘quia timet injunction to restrain commencement of proceedings…

…When the appellant failed to pay this sum, the respondent instructed its advocates to institute proceedings against the appellant for this sum of 190, 956/70 which together with interest, had by the end of September, 1985…

…This court is not unware of speculation circulating in the country and outside as to the likelihood of success of such a prosecution, but such speculation is totally irrelevant to these proceedings.…

…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…