Case law
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Division and case type: CivilCivil Case
…The application before the Superior Court was for an order that the dismissal of the suit in the Superior Court for want of prosecution be set aside.…
…The learned judge while setting aside the dismissal order declined an application for leave to appeal without assigning any reasons.…
Division and case type: Constitutional and Human RightsPetition
…She prayed for the exparte orders granted to be vacated and for dismissal of the application for revision. 22. Mr. Magolo responded by stating that there was confirmation by Mr.…
…The exparte orders granted on 30th July, 2020 staying the lower court proceedings are automatically vacated by the dismissal of the application. 40.…
Division and case type: CivilCivil Appeal
…The reasons given for such dismissal were that the appellant was rude to customers, was guilty of insubordination and had once (on 29th June, 1991) used abusive language to the manager under whom he worked.…
…The reasons for dismissal were eventually not in issue as the learned judge in the superior court (Rimita J.) correctly held that the appellant (despite such alleged wrongful dismissal) was paid his full terminal dues, that…
Division and case type: CivilCivil Appeal
…It follows that once an employee has been dismissed, whether rightly or wrongly, the dismissal stands, and if the contract has been broken by the employer, damages for breach of contract is the remedy to which the employee…
…The problem with this interpretation is that dismissal is neither automatic on conviction, nor is reinstatement automatic on acquittal under the regulations. There is an area of discretion on each side of the line.…
Division and case type: CivilCivil Case
…Consequently, he argued, his dismissal was wrongful as entitles him to damages. He does not think the allegations which the defendant relied upon to dismiss him had any basis.…
…The plaintiff now contends that his dismissal has caused him loss and damage.…
Division and case type: CivilCivil Appeal
…He also complained of the delay in delivering reasons for dismissal of his appeal by the three judges of appeal. By so doing, Mr Matiba expected a response from the respondent and none other.…
…An application to strike out the petition as being incompetent, was dismissed by the Election Court and a Notice of Appeal against this dismissal was filed in this Court.…
Division and case type: CivilCivil Appeal
…The appeal filed against the ruling of the learned judge ordering dismissal of the suit but deferring such dismissal until the application for amendment was heard has already been struck out as that appeal was filed without…
Division and case type: CivilCivil Appeal
…The 1st respondent in his written statement of defence and counter-claim prayed for a dismissal of the suit and a declaration that the appellant was a trustee for the 1st respondent for half of the suit premises.…
Division and case type: CriminalCriminal Appeal
…Anwar Kipngetich appeals against the dismissal by the High Court (O’Kubasu J) of his appeal from decision of the R M Makadara to convict him of the offence of robbery contrary to section 296 (1) of the Penal Code.…
Division and case type: CivilCivil Appeal
…He also gave leave to the company to publish dismissal of the winding up petition by way of not more than two advertisements in any Kenya newspaper.…
…Expanding on the reasons given by Sachdeva J for his decision he held that Mr Brahmbhatt’s application, involving as it did the effective freezing of the company’s assets of over 11 million shillings, and the possible dismissal…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…Criminal Appeal No. 316 of 2004, and the Court of Appeal in Criminal Appeal No. 363 of 2006, each dismissed the appellant’s appeal, upheld the appellant’s conviction, and confirmed the death sentence. [2] After the dismissal…