Case law
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Division and case type: CivilCivil Appeal
…Justice Act 1948 a conviction of an offender followed by an order placing the offender on probation or discharging him absolutely or conditionally, had to be deemed to be no conviction, except for the purposes of those proceedings…
Division and case type: CivilCase number Civil Application
…application for extension of time to file a record of appeal was dismissed and as relates to the present application, deals with an obvious failure of an advocate to look up the rules and failing, when he was aware that copies of proceedings…
Division and case type: CivilCivil Appeal
…This application is disallowed and the proceedings in this suit terminated and the dispute referred to the Tribunal for arbitration under Act 18 of 1990".…
Division and case type: CivilCivil Appeal
…book is that powers of the court to allow amendment is to determine the true, substantive merits of the case; amendments should be timeously applied for; power to so amend can be exercised by the court at any stage of the proceedings…
…There will be cases in which justice will be better served by allowing the consequences of the negligence of the lawyers to fall on their own heads rather than by allowing an amendment at a very late stage of proceedings.…
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: Milimani Commercial CourtsCriminal Appeal
…The accused persons are unjustifiably denied a trial by the High Court with assessors and deprived of the benefit of committal proceedings and legal aid. Dated and Delivered in Nairobi this 12th day of June 1986.…
Division and case type: CivilCivil Appeal
…Court (Chesoni J as he then was) of August 19, 1982 and make J Kemuma, Onyando, S Obegi Kababe, J Nyaota Oriki and J Oriki, who trade in Kisii as the “Friends Bakery”, the respondents, pay the costs of the appeal and the proceedings…
Division and case type: CriminalCriminal Appeal
…magistrate was entitled to take over under section 200(1) of the Code, but in doing so he was duty bound to comply with section 20083) of the same Code which provides:- “Where a succeeding magistrate commences the hearing of proceedings…
Division and case type: CivilCivil Appeal
…Mr Gautama very properly handed over to me a copy of proceedings and ruling of the Tribunal relating to the stay application made in the Tribunal.…
Division and case type: CivilCivil Appeal
…Civil suits and proceedings relating to the title to or the possession of, land, or to the title to a lease or charge, registered under this Act, or to any interest in such land, lease or charge, being an interest which is…
Division and case type: CivilCivil Case
…The proceedings before the Chief are produced as exhibit 3 and the Chief ruled that the defendant was registered as a trustee and that the land should be shared by other children.…
…The proceedings before the DO were produced as exhibit 5 and in it the elders ruled that the land was held on trust by the son and that it should be shared out by the father as he so wishes.…
Division and case type: CivilCivil Case
…Not only are the sittings of Parliament at an end, but all proceedings pending at the time are quashed… Every Bill must therefore be renewed after a prorogation as if it were introduced for the first time.”…
…Such a provision would have been unnecessary if subsidiary legislation laid before the house were regarded as proceedings pending at the time of prorogation which are quashed by prorogation.…
Division and case type: CivilCivil Appeal
…Adipo for the respondent, contended that the record of the proceedings before the superior court contained adequate evidence to show that the rst appellant had been divorced by the deceased.…
…I agree entirely with Miss Abida Ali’s submission that the order in faovur of Yusuf Kipkorir Kaittany had no legal basis as he was not a party to the proceedings.…
Division and case type: Milimani Commercial CourtsElection Petition
…In these proceedings the petitioner is represented by Mr. Githu Muigai Advocate, Mr. Mukele and Mr Kihara Muttu appear for the 1st and 2nd Respondents while Mr A.N. Ngunjiri advocate appears for the 4th respondent.…
Division and case type: CivilCivil Appeal
…The former conclusively determine the rights of the parties on some issue or issues though further proceedings must be taken before the suit can be completely disposed of.…
Division and case type: CivilCivil Case
…Having regard to this evidence, it is significant that in the Criminal Proceedings (exhibit 1) against Amrik Singh, the man is not only referred to as Singh, which title in my experience is used only by Sikhs in this country…
Division and case type: CivilCivil Appeal
…law pleaded in the defence, it was an error for the judge to reach conclusions with regard to sub-section 2 of section 3 of the Judicature Act, cap 8, a provision of law which at that stage lay outside the scope of the proceedings…
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…