Case law
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Division and case type: CivilCivil Case
In absence of any indication my brother was correct in proceeding with he trial on 20.3.96 under order 9b CPR. From the evidence before the court the plaintiff stated that he boarded the defendants lorry.
Division and case type: CivilCivil Appeal
This is one of the exceptions to the general rule that a party against whom an ex parte order has been made can only apply to the court which made the order to set it aside.”. This court, in its more recent decision in the case of Michael Miana and K.
Division and case type: CivilCivil Appeal
prospective petitioner is to strictly adhere to and observe the rules prescribed in the procedure in order to be able to enjoy the rights to which he is entitled under the Constitution. So if the petitioner has failed to meet any obligation which happens to be of a mandatory nature then it will equally defeat the purpose of the Constitution and the Act if the breach of the mandatory obligation is viewed with a blind eye.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram: Nyarangi, Gachuhi & Apaloo JJA ) CIVIL APPEAL NO 4 OF 1984 BETWEEN CHEGE KIMOTHO & OTHERS............................................ APPELLANT AND MARIA VESTERS & ANOTHER.................................................RESPONDENT (Appeal from Judgment/Decree of the High Court at Nairobi, Cockar J)