Case law
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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 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 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: 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: 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…
Division and case type: CriminalCriminal Case
…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…
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 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 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: CriminalCase number Criminal Application
…This court is not unware of speculation circulating in the country and outside as to the likelihood of success of such a prosecution, but such speculation is totally irrelevant to these proceedings.…
Division and case type: Constitutional and Human RightsPetition
…secretary so directs, be kept and remain in police custody, prison or immigration holding facility or until his departure from Kenya, and while so kept is deemed to be in lawful custody whether or not he has commenced any legal proceedings…
Division and case type: CivilCivil Appeal
…I am satised that the issue was before the Court and that the parties were heard on the issue and the main question here is whether or not the appellant suered any prejudice or injustice by the course that the proceedings…
Division and case type: CriminalCriminal Appeal
…distinct from considering them to see where in the scale of sentencing such charges should be found to lie, then the sentence may include a sentence for a charge in respect of which the accused can be arrested and further proceedings…
Division and case type: CivilCivil Case
…vehiclewas 20-30 metres in front of the witness on the grounds that theevidence was in the circumstances improbable and in any case the witness was not truthful as he had denied ever taking alcoholwhereas in the traffic proceedings…
Division and case type: CivilCivil Appeal
…The learned magistrate should have firmly resisted the request for ex-parte orders so as to streamline the proceedings.…
Division and case type: CivilCivil Case
…According to the records of the arbitrator filed in court for what it is worth, the 1st Defendant is recorded to have stated as follows in page 5 of the proceedings- "In September, 1987, I saw the 2nd Defendant who wanted…
Division and case type: CivilCivil Appeal
…The Public Trustee took no part in the proceedings. The learned judge held that Mary Njoki was not wife of the deceased, and she was not entitled to inherit any part of his estate. Mary Njoki has appealed.…
…If an expressed intention to marry, or if there had been an actual marriage ceremony, these proceedings would have been taken entirely differently, even in the case of these two incidents themselves.…
Division and case type: Milimani Commercial CourtsCivil Case
…It was admitted in these proceedings that at the time of the accident, the 1st defendant was driving that vehicle in the ordinary course of the firm’s business.…
Division and case type: CriminalCriminal Appeal
…This mandatory requirement makes assessors part of the court and, as was stated in the case of Ndagizimana and Another v Uganda (1967) EA 35 at p 38, it is essential that all the evidence and proceedings at the trial should…