Case law
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Division and case type: CivilCivil Case
…credible evidence of a civil engineer who is also the vice chairman of the Institution of Civil Engineers Mombasa branch and who practised his profession for 32 years is that when excavations of the sort described in these proceedings…
…This question raised tremendous controversy in the proceedings, and in the process occassioned delay in disposing of the suit.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…but it would seem appropriate particularly if evidence has to be led for the issues between the parties to be decided in the present suit, rather than that the Appellants should be put to the express of bringing separate proceedings…
…I would award the costs of the appeal and of the proceedings consequent on the Notice of Motion in the High Court to the Appellants in any event.…
Division and case type: CivilCivil Case
…If it is true the Plaintiff and her husband had any interest in that piece of land, they or one of them could have sought to be made a party I the Succession Cause or should have raised objection to the proceedings.…
…Further Order: Parties may obtain copies of the proceedings and of the Judgment from the Registry on payment. J.M. KHAMONI JUDGE…
Division and case type: CivilCivil Case
…Plaintiff thought D.W.1 is an employee of the Government of Kenya, the Plaintiff instituted this suit against the Defendant, the Attorney-General, under and in accordance with the provisions of section 12 of the Government Proceedings…
…D.W.1 in turn denied before me that an accident ever took place or that he was ever made aware of it that morning.In support of this contention, he produced proceedings in the Court of the Resident Magistrate at Kilifi (Exh.D…
Division and case type: GeneralCase
…An analogy may also be drawn from the area of reinstating proceedings which have been determined, that is setting aside of orders already made. In the case of SHABIR DIN V. RAM PRAKASH ANAND cited in MAINA V.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Suit
…Copies of the charge sheet and proceedings were produced as exhibit 5. In his submission the advocate for the defendant has urged the Court to ignore the conviction as the same was not pleaded.…
Division and case type: CivilCivil Appeal
…Finally counsel submitted that the learned judge ought to have taken into account the conduct of the respondent before and during the proceedings as an aggravating factor in making an award of damages.…
Division and case type: Environment and LandLand Case
…Regarding stay of execution Order 42 Rule 6 of the Civil Procedure Rules governs the conditions to be met by a party to the proceedings seeking stay of execution of the Judgment.…
Division and case type: Milimani Commercial CourtsCivil Suit
…The power to strike out proceedings for abuse of court process is discretionary. In this case, the abuse complained of was beyond Plaintiff/Respondent’s control.…
Division and case type: CivilCivil Appeal
…I have caused proceedings in the file and those ofthe related files to be typed for Your Lordship'sperusal and directions please.…
Division and case type: CivilCivil Appeal
…The record of proceedings so far, show that with respect to the interjection of the objection.…
Division and case type: CivilCivil Appeal
…Both parties were or are domiciled in Kenya and there had been no previous proceedings in any court with reference to the said marriage.…
…On page 32 of the proceedings she explained exactly what happened. She told the lower court that she had wanted Daniel to be independent on his own, but he was not.…
Division and case type: CivilCivil Appeal
…Although through it stated that it would at the appropriate time institute third party proceedings against the County Government, the Respondent never did so. 6.…
…With regards to the Respondent’s averments that the County Government of Nairobi contributed entirely or substantially to the negligence, we nd that no third-party proceedings were ever instituted against the County Government…
Division and case type: Anti-CorruptionPetition
…That the Consent Orders made in the presence and consent of Counsel are binding on all parties to the proceedings and cannot be varied or discharged unless done so by consent or unless they were obtained by fraud or collusion…
…I say so because Under Article 157(6) of the Constitution, it is within the mandate of the 2nd Respondent to institute criminal proceedings against any person including the Petitioner and on 17th July 2014 I ordered the Petitioner…
Division and case type: CivilCivil Suit
…appellant was arrested on 5th April, 2003, he was not presented before the Court for plea until 14th October, 2003 and that indeed the information on record herein and dated 24th September, 2003 was intended for committal proceedings…
…But we are aware that by then the law had been amended in July, 2003 to remove the process of committal proceedings.…
Division and case type: CivilMiscellaneous Application
…appellant was arrested on 5th April, 2003, he was not presented before the Court for plea until 14th October, 2003 and that indeed the information on record herein and dated 24th September, 2003 was intended for committal proceedings…
…But we are aware that by then the law had been amended in July, 2003 to remove the process of committal proceedings.…
Division and case type: CivilCivil Suit
…However, as soon as the 2nd respondent wrote to the applicants threatening them with court action unless they surrendered their licences, they instituted these proceedings, to pre-empt the said threatened action.…
…Lord Wilberforce in Calvin vs Carr (supra) said at letter C page 451: “That the court in exercise of its discretion when reviewing the domestic or statutory decision should take into account all the proceedings which led…
Division and case type: Constitutional and Human RightsPetition
…Secondly that this 2ndand 3rdRespondents are crucial parties whose involvement and participation in these proceedings are necessary.He said that in fact that they were the principal Respondents in this matter. 7. Mr.…