Case law
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Division and case type: CivilCivil Appeal
…That may stem from the optional procedure of a suit for a declaration or an originating summons for a declaration which obtained in England before 1964. order 54A of the Rules of the Supreme Court directly provided for a…
…Reading order 7/1-7/1 of the Supreme Court Practice 1973 at page 58, order 54 A was revoked in 1962 and not replaced.…
Division and case type: CivilCivil Appeal
…That law and procedure was contained in the Supreme Court Act 1981 and the Rules of the Supreme Court (1988 Supreme Court Practice) Order 75.…
…Supreme Court Act 1981 [UK] sections 20, 20(1)(a), 20(2)(a-s), 21(4), 21(4)(b) 2. Rules of the Supreme Court 1988 [UK] order 7 rules 5, 5(4), 5(5), 5(9); para 9; order 75 para 75/1/3; order 12 rule 3.…
Division and case type: CriminalCriminal Appeal
…We take note of the Supreme Court of Kenya’s decision in Francis Karioko Muruatetu & Another v Republic SC Petition No. 15 as consolidated with Petition No. 16 of 2015 (the Muruatetu decision) in which the Supreme Court held…
…Court case was applied to this provision, it too should be considered unconstitutional on the same basis… Needless to say, pursuant to the Supreme Court’s decision in Francis Karioko Muruatetu & another v Republic (supra…
Division and case type: CivilCivil Appeal
…As long ago as November 10, 1933 Lucie-Smith Ag CJ held that the former Supreme Court had inherent power ex debito justitiae to order stay of execution pending an appeal in Olivia Da Ritta Sequeira E Facho & Another v ER…
Division and case type: CivilCivil Appeal
…Rules of the Supreme Court [UK] JUDGMENT 1.…
…The views of Hancox JA in which he leaned towards a liberal construction were not essential to the decision, were not expressly shared by the majority and were based on the rules of the Supreme Court of England which do not…
Division and case type: Constitutional and Human RightsElection Petition
…(i) THAT the Supreme Court laid down the law on granting of an Order of scrutiny and recount in a number of cases that they have considered.…
…And that in the case of Raila Amolo Odinga& Another -versusIEBC & 2 Others, the Supreme Court analysed the Court's decisions on scrutiny and or recount of votes.…
Division and case type: CivilMiscellaneous Application
…(a) The point is now concluded by the decision of the Supreme Court, in Manohur Lal Chopra v Seth Hira Lal (b) wherein it has been held that the Court has powers under s 151 to issue an injunction in cases not falling within…
…The Supreme Court was divided on this.…
Division and case type: Constitutional and Human RightsElection Petition
…(i) THAT the Supreme Court laid down the law on granting of an Order of scrutiny and recount in a number of cases that they have considered.…
…And that in the case of Raila Amolo Odinga& Another -versusIEBC & 2 Others, the Supreme Court analysed the Court's decisions on scrutiny and or recount of votes.…
Division and case type: CriminalCase number Criminal Application
…Mr Khaminwa adopted the above submissions made by Mr Imanyara and added that what was relevant to the present proceedings was order 52 of the Supreme Court Rules and the relevant sections thereof and not any section of the…
Division and case type: CivilCivil Appeal
…That was, he said, a matter of summary judgment under the English Rules of the Supreme Court. Security was being asked for in that connection. Here judgment had been given the respondent had acquired rights.…
Division and case type: CivilCase number Civil Application
…In England, by order 62 rule 28A of The Rules of The Supreme Court Parliament has provided an exception to the principle that by an award of costs a successful party is only to be indemnified against costs which he has incurred…
Division and case type: CivilCivil Appeal
…The appeal was filed against three judges of the Supreme Court of Trinidad and Tobago.…
…(see Vinson v The Prior Fibres Consolidated Ltd (1906) W N 209 Supreme Court Practice 1993 Vo P 332 para 18/19/2, and Riches v Director of Public Prosecutions [1973] 2 All ER 935).…
Division and case type: CriminalCriminal Appeal
…Rao referred us to the objects of the 1959 Bill which was stated [as regards section 361 (7) as follows:- “Clauses 38 and 39 make important provisions as to appeals to the Court of Appeal from judgments of the Supreme Court…
Division and case type: CivilCivil Case
…earlier in Shah Bharmal v Santosh Kumari [1961] EA at p 681, Forbes JA had taken the view that despite the then more restricted discretion given in East Africa than in England by order LVIII rule 15 of the Rules of the Supreme…
…Court, the mistake of a legal adviser could amount to sufficient cause, though in that case there was held to be no mistake but merely inordinate delay, a factor which weighed with the court in Gachau v Karau (supra).…
Division and case type: CivilCivil Appeal
…Saldanha (3), Kenya Supreme Court (Mombasa) Civil Case No. 243 of 1953, (unreported), where the scope and general purpose of procedure by way of originating summons were being considered: 'Such procedure is primarily designed…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…The respondent urged that the High Court had no jurisdiction to intervene in a matter that had already been decided by the Court of Appeal; that as stated by the Supreme Court in Samuel Kamau Macharia & Another -vsKenya Commercial…
Division and case type: CivilCivil Appeal
…Court and practice of the High Court.…
…It was said that, so long as the rules are silent on third-party matters, by that rule the provisions of the Rules of the Supreme Court with regard to third-party procedure are imported.…
Division and case type: CivilCivil Appeal
…was stated that “your petitioner has telegraphed to his attorney’s in Cape Town, requesting them to lodge a petition on his behalf….a has at the same time advised them that the usual warrant authorizing proceedings in the Supreme…
…Court has been posted.…
Division and case type: CivilCivil Appeal
…Examples of this principle are to be found in the case of ex parte injunctions, ex parte orders made for service of proceedings out of the jurisdiction under Order 11 of the Rules of the Supreme Court.…
Division and case type: CivilCivil Appeal
…There is at the present moment an appeal pending before the Eqyptian Supreme Court in Cairo, where a prominent Islamic academic, who has been declared an apostate for denouncing Hadithi, and his wife, are challenging a “decree…