Case law
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Division and case type: CivilCivil Case
…Execution proceedings followed. He was, forcibly ejected by a court bailiff on 30th May 1991. Subsequently the defendant forced his way back.…
Division and case type: CivilCivil Case
…Execution proceedings followed. He was, forcibly ejected by a court bailiff on 30th May 1991. Subsequently the defendant forced his way back.…
Division and case type: CriminalCriminal Appeal
…We are of the view that the omissions in the record of the proceedings did not cause any miscarriage of justice or prejudice to the appellant; but a more careful record is required showing their full participation in the…
Division and case type: CivilCivil Appeal
…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…
Division and case type: Milimani Commercial CourtsCivil Case
…Finally I am of the opinion that the non-disclosure of prior proceedings which no stand withdrawn is not sufficiently material to impel me to view the wife’s present application with disfavour.…
Division and case type: CivilCivil Case
…Instead of doing so, they merely wrote to the motor cyclist on June 23 Saying “it would be appreciated if you would let us know why you have not notified us of these proceedings.…
…In my view it is prima facie applicable to all interlocutory proceedings. But summary determinations are for plain cases, both as regards the facts and the law.…
Division and case type: CivilCivil Case
…This is the position taken by the Bank through its Chairman Mr Sio who has sworn an affidavit in these proceedings and the plaintiff.…
Division and case type: CivilCivil Case
…In the second suit, brought by an originating summons, the plaintiffs are seeking the following orders:- (a) a declaration that proceedings in the first suit were null and void:; (b) directions as to the ascertainment of…
Division and case type: Milimani Commercial CourtsCivil Case
…I pointed out to the learned counsel that in these proceedings, I am not concerned with the validity of the purported divorce or the purported assignment to the children, but under the Deed K got only Kshs 166,666.68.…
Division and case type: CivilCivil Case
…As regards the actual award, the plaintiff must have suffered as a result of the punishable behaviour, the punishment imposed must not exceed what would be likely to have been imposed in criminal proceedings if the conduct…
Division and case type: CivilCivil Appeal
…There is nothing to show that that word should bear a different meaning in the Income Tax Acts when applied to the proceedings of Joint Stock Companies.…
…It seems to me that while the proceedings in the High Court, in calling evidence were suspicious, in view of the fact that section 86(2) of the Income Tax Act provides that the appeal to the High Court shall be on matters…
Division and case type: CivilCivil Appeal
…She then applied for copies of the proceedings and the judgment which were supplied to her on 28th August, 1992.…
Division and case type: CivilCivil Appeal
…The respondent’s reaction to this notice was the institution of proceedings in the superior court which has culminated in the present appeal.…
Division and case type: CivilCivil Appeal
…In my view it is prima facie applicable to all interlocutory proceedings. But summary determinations are for plain cases, both as regards the facts and the law.…
Division and case type: CivilCivil Appeal
…I would award the costs of this appeal and of the proceedings in the High Court to the appellant. Madan JA.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…Properties Ltd and in the matter of a complaint by Electro Service Equipment Ltd and the Business Premises Rent Tribunal; and (d) As a result of these declarations the order of the resident magistrate, Kitale on execution proceedings…
Division and case type: CivilCivil Appeal
…No.520 of 1997) JUDGMENT OF THE COURT This is an appeal from the order of the superior court (Hayanga J.) given on 26th February, 1998, in which, pursuant to interpleader proceedings under Order 33 rule 1 of the Civil Procedure…
Division and case type: CivilCivil Case
…Fourth Category: These documents relate to proceedings in H.C.C.C. No. 1428 of 1982 and subsequent payment of the decretal sum by the plaintiffs to the bank. Doc. No. 73: Decree given on 14.6.84 and issued on 30.4.85.…
…However, it is clear that these proceedings against the broker have arisen because the plaintiffs do not hold any security from SHL and are unable to recover the money paid to the bank under the decree from SHL.…
Division and case type: CriminalCriminal Appeal
…In Peter Kiriga Kiune, Criminal Appeal No 77 of 1982 (unreported) we said: “Where, in any proceedings before any court, a child of tender years is called as a witness, the court is required to form an opinion , on a voire…