Search court decisions

…of appeal from 31 such types of orders set out in paragraphs (a) to (ee) inclusive of sub-rule (1).In addition, the order of the Judge struck out the suit as it offended the provisions of section 13A of the Governments Proceedings…

…cases or the later dicta upon them prevent me from saying that, in my judgment, the law when properly understood is that Ord 70 applies to all defects in procedure unless it can be said that the defect is fundamental to the proceedings…

…There can be no doubt, that generally an advocate is 'authorized to act as his client's agent in all matters not falling within an exception which may reasonably be expected to arise for decision in the course of the proceedings…

…Applicant knew everything all along i.e. the debt, the judgment in a civil suit giving rise to these proceedings, notice, petition and the hearing.…

…This is an application by the defendants in these proceedings in which I am asked to order that the plaintiff do furnish security for all costs of the defendant.…

…This offer was apparently accepted by the state although the record of proceedings does not bear this out.…

…The evidence adduced in the formal proof proceedings was solely that of the plaintiff. She simply said – “while we were traveling, I heard something like a bomb. I do not know what happened.…

…of the child provides as follows:- “(1) In all actions concerning the child undertaken by any person or authority the best interests of the child shall be the primary consideration. (2) In all judicial or administrative proceedings…

…affecting a child who is capable of communication his/her own views, an opportunity shall be provided for the views of the child to be heard either directly or through an impartial representative as a party to the proceedings…

…But a Notice of Appointment of Advocates is generally filed by advocates to enable them to conduct interlocutory proceedings on behalf of their client(s) prior to service of summons.…

…We were informed that the superior court has granted an order for stay of execution or further proceedings pending the hearing and determination of this appeal on condition that two cement manufacturing companies earlier…

…Mr Oraro said he had a simple legal answer to the objections of Mr Ombaka and he referred to Orders VI rule 13 (1) of the Civil Procedure Rules which reads: “At any stage of the proceedings the court may order to be struck…

…If a layman wanted to file a suit and he was enabled to look at the three Civil Procedure Rules commencing under the marginal note, institution of suit and issue of proceedings namely Order IV rule 1 and, rule 3(3) he would…

…Sale was completed and it was when she was served with Notice to vacate the land that she quickly commenced these proceedings.…

…A few days after this when these proceedings were started.…

…That this is so was borne out by the company’s readiness as disclosed by its counsel at the beginning of the proceedings, to concede to the making of the winding-up order, on conditions which this court however found unacceptable…

…The application by the 1st Respondent for stay of proceedings while he pursued an appeal was summarily dismissed by this court.…

…The Petitioner was happy to participate in the proceedings before me since 11/5/2011 until she lost on 14/10/2011.…

…By his principal submission, he contends that by virtue of Order 5 rules 9 and 12 of the Rules, there was no valid service of summons to enter appearance and that therefore the proceedings ex-parte were null and void ab initio…

…Accordingly in my view there was no valid service of the summons to enter appearance and therefore the proceedings exparte must be rendered null and void ab initio.…

…The second defendant has not appeared or been represented, and has taken no part in the proceedings.…

…It was common ground between the parties that the deceased could not be married to two husbands at the same time, and it was also common ground that the deceased had never been involved in any divorce proceedings.…

…I have read the notes of proceedings before the Court including judgments of the three Hon. Judges of a Appeal, and considered the general conduct of the matter before the Court.…

…Gideon Gitau Ndatha (the appellant) filed proceedings against Rosaline Mary Osborn (the respondent) to recover damages for personal injuries alleged to have been sustained in a collision involving the appellant and a vehicle…

…from court committing the persons named in this application to civil jail, he must first obtain leave from a judge in chambers, and, that application for leave must be served on the Attorney-General, who will come into the proceedings…

…Although a defence was filed denying liability no defence witnesses were available on the date of hearing and the learned Judge embarked on proceedings in which the only oral testimony was that of the plaintiff/Appellant,…

…I would order the Respondent to pay the costs of this appeal and of the proceedings in the High Court on the High Court scale. As the other members of this Court agree it is so ordered. Gachuhi JA.…