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…Mulinge [2015] eKLR cited by the Court of Appeal in Tobias M Wafubwa above, the court stated thus ‘where in addressing the issue of non-compliance with order 9 rule 9 this Court observed thus; “All in all we are not persuaded…

…that non-compliance with Order 111 rule 9A of the Civil Procedure Rules was meant to make the following proceedings incompetent or a nullity, efficacious as the provision was meant to be.…

…(On whether the appellant’s appeal should be dismissed for non-compliance with order 42 rules 2 and 11 of the Civil procedure rules, 2010) Introduction 1.…

…He stated that the was keen on following up on the appeal and prayed that the court indulges him for the non-compliance. 4.…

…I do not know why there was non-compliance with the rules. Mistake or accident or inadvertence which may provide a basis for an extension are not relied upon.…

…In my judgment, once there is non-compliance the burden is on the party seeking indulgence to satisfy the court why the discretion should nevertheless be exercised in his favour.…

…Consequently, as regards the non-compliance of the orders issued on 13th March, 2023, the Defendant is hereby sentenced to six (6) months in prison and in the alternative a fine of Kshs.600,000/-.…

…On the issue of non-compliance of the orders issued on 17th December, 2024 which is the payment of Kshs.300,000/-, the Defendant is sentenced to three (3) months or in the alternative full payment of the said amount.…

…This was not a discretionary or open-ended condition requiring a further order of court to take effect upon non-compliance. Rather, it was a self-executing condition.…

…It simply provided, in unambiguous terms, that non-compliance within that period would result in automatic lapse.…

…cited for contempt of court, the Respondents be punished for the said contempt of court by payment of an appropriate fine and/or committal to civil jail for a period not exceeding six (6) months. d) In the event of ultimate non-compliance…

…Trust Deed as directed by the Court. d) Whereas the Respondents have attended Court for directions on diverse dates being 17.02.2026, 05.03.2026, 05.05.2026, 05.06.2026 and 18.06.2026, they have willfully persisted in their non-compliance…

…In the event of non-compliance with payment, the Judgement holder is at liberty to proceed with execution in line with the law. IN THE PRESENCE OF: COURT ASSISTANT – EMMANUEL PLAINTIFF – MS.…

…ISSUE NO.3- HAS THE PLAINT DATED 20.11.2024 BEEN FILED WITH NON-COMPLIANCE TO THE SOCIETIES ACT, CAP 108? ISSUE NO. 4- IS THE PRESENT PO MERITED? ISSUE NO. 5- WHO BEARS THE COSTS OF THE PRESENT PO?…

…ISSUE NO.3- HAS THE PLAINT DATED 20.11.2024 BEEN FILED WITH NON-COMPLIANCE TO THE SOCIETIES ACT, CAP 108?…

…Mulinge [2015] eKLR cited by the Court of Appeal in Tobias M Wafubwa above, the court stated thus: ‘where in addressing the issue of non-compliance with order 9 rule 9 this Court observed thus; “All in all we are not persuaded…

…that non-compliance with Order 111 rule 9A of the Civil Procedure Rules was meant to make the following proceedings incompetent or a nullity, efficacious as the provision was meant to be.…

…Based on the non-compliance, there was an Application to arrest the Applicant/Judgement Debtor which was allowed. The Applicant then made an Application for stay of the order of arrest which was dismissed.…

…That the trial Magistrate erred in law and fact by making a finding that there was non-compliance whereas no evidence was led by the Respondent/Defendant of non-compliance of terms.…

…That no evidence was led by the Defendant as to non-compliance with the terms of the allotment letter. That this was not an issue supported by the pleadings and was speculative.…

…On the ground that the Learned Trial Magistrate disallowed the Application for non-compliance with Order 9 Rules 9 & 10 of the Civil procedure Rules, I find that the non-compliance of these Orders did not go to the root of…

…Indeed Order 9 does not foresee how Rule 9 can be sidestepped hence the enactment of Rule 10 which provides as follows: Non-compliance with the Rule is not fatal.…

…In it, the Respondents object to the Appeal on the basis of non-compliance with Order 9 Rule 9 of the Civil Procedure Rules, 2010, and further, that the Appeal is incompetent since the National Land Commission has already…

…The upshot of the foregoing is that the objection on the basis of non-compliance with Order 9 Rule 9 of the Civil Procedure Rules fails. 14.…

…On 19th September, 1997, his notice of appeal was struck out by this Court for the reason of his non-compliance with the order of the single judge of this Court dated 18th October, 1993 extending time by 30 days within which…

…On 19th September, 1997, his notice of appeal was struck out by this Court for the reason of his non-compliance with the order of the single judge of this Court dated 18th October, 1993 extending time by 30 days within which…

…It seeks for orders that the honourable court be pleased to strike out the Notice of Motion application dated 7th December 2023 for incompetence and non-compliance with the law.…

…(ii) What is the importance of non-compliance with Section 6 (1) of the Land Control Act? 24. This being a first appeal, the court is aware of is duties as stated in the case of Sielle Vs.…

…On the sub issue of non-compliance with Section 6 of the Land Control Act, the Appellants submit that the same nullified any agreements for sale and have cited several decisions to support this limb of submissions as captured…

…That the non-compliance to file the appeal against the ruling is inordinate and unintentional as Counsel was indisposed. That it is in the interest of justice that the orders sough be allowed.…

…That the continued non-compliance has prejudiced the appellant, obstructed the administration of justice and undermined the authority of this Honourable Court.…

…Koech Lelei for the 1st Plaintiff submitted that non-compliance with pretrial directions meant that the Defendant could not introduce new evidence this late in trial, and placed reliance on the decision in the case of Sendy…