Case law
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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: Constitutional and Human RightsElection Petition
…(ix) Rule 29 of the Elections (Parliamentary and county Election)Petition Rules, 2017 provides thus: 1) the parties to the proceedings may apply for scrutiny of the votes for purposes of establishing the valid votes cast…
…Rule 29 of the Elections (Parliamentary and County Elections) Petition Rules, 2017 provides as follows:- "Scrutiny of votes (1) The parties to the proceedings may apply for scrutiny of the votes for purposes of establishing…
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…Finally I am of the opinion that the non-disclosure of prior proceedings which no stand withdrawn is not sufficiently material to impel me to view the wife’s present application with disfavour.…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
…Nowhere in the proceedings before the clan members under the area Asst Chief did Nkonge come up to say that he witnessed the defendant giving the plaintiff some Shs 1,500/-.…
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: CivilCivil Appeal
…over 9 years later, the applicant filed an application by notice of motion under Section 3A Civil Procedure Act for directions regarding the hearing of the appeal and for an order that the appeal be heard without copies of proceedings…
Division and case type: CivilCivil Case
…LAIKIPIA/NYAHURURU/1950 and in default execution proceedings to issue.…
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: Constitutional and Human RightsElection Petition
…That pending the hearing of this application all proceedings be stayed. And 3. That the petitioner do pay the costs of the first respondent in Respect of the Petition as well as of this application.…
…there should be a petition against him or stating that the intends to act for himself and in either case giving an address in Kenya at which notices addressed to him may be left or if no such writing is left all notices and proceedings…
Division and case type: Constitutional and Human RightsElection Petition
…(ix) Rule 29 of the Elections (Parliamentary and county Election)Petition Rules, 2017 provides thus: 1) the parties to the proceedings may apply for scrutiny of the votes for purposes of establishing the valid votes cast…
…Rule 29 of the Elections (Parliamentary and County Elections) Petition Rules, 2017 provides as follows:- "Scrutiny of votes (1) The parties to the proceedings may apply for scrutiny of the votes for purposes of establishing…
Division and case type: CivilCivil Case
…But an affidavit of the process server is admissible in evidence and in the absence of contest it would normally be considered sufficient evidence of the regularity of the proceedings.…
Division and case type: Environment and LandLand Case
…It is an established principle of law that in order to succeed in civil contempt proceedings, the applicant has to prove (i) the terms of the order, (ii) Knowledge of these terms by the Respondent, (iii).…
…The applicant must prove all the above requirements to the requisite standard, that is a standard higher than the balance of probabilities threshold applied in civil proceedings but below the proof beyond a reasonable doubt…
Division and case type: FamilySuccession Cause
…the provisions of Rule 63 of the Probate and Administration Rules, which clearly states the following provisions of Civil Procedure Rules, namely Order V,X,XI,XV,XVII,XXV,XLIV, and XLIX shall apply for far as relevant to proceedings…
Division and case type: CriminalCriminal Appeal
…Further order of September 26, 1985 for the invasions position in which they are placed, but the rival claims to it are matters which should be the subject of civil proceedings, and do not fall within the jurisdiction of…
Division and case type: CivilCivil Suit
…65,000,000.00 and it kept coming down, that he did not write back to the defendants to confirm the conversation between the managing director of the defendant, that he was the one personally seized of the matter subject of these proceedings…
…Secondly lack of audience would be called into question if the application were to be argued on that date but not to record a consent or take further proceedings in the matter.…
Division and case type: CivilCivil Case
…In interlocutory proceedings such as the present one, however, statements as to a deponent’s information or belief are admitted, provided the sources and grounds thereof are stated.…
…Although in interlocutory proceedings an affidavit may contain statements as to the deponent’s information or belief if the source of the information and grounds of believe are stated (see order 18, rule 3(1) of our Civil…
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…