Case law
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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 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: CivilMiscellaneous Application
…An unsatisfied judgment against it exposes it to execution or winding up proceedings which falls foul of another one (clause 11 (a). It did not have the money ready to be paid.…
Division and case type: CivilCivil Suit
…An unsatisfied judgment against it exposes it to execution or winding up proceedings which falls foul of another one (clause 11 (a). It did not have the money ready to be paid.…
Division and case type: CriminalCriminal Case
…The incident leading to these proceedings was sparked off by PW10 who is a son of the deceased who had been dropped at the center by his employer-PW5 George Tai to go and buy cigarettes before leaving for his home noticing…
Division and case type: CivilCivil Appeal
…The mischief against which all limitation Acts are directed is delay in commencing legal proceedings; for delay may lead to injustice, particularly where the ascertainment of the relevant facts depend on oral testimony.…
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: CriminalCriminal Case
…Unfortunately that is all he said about the fees payable at his office and throughout the proceedings therefore the court was given various figures of the fees or money paid without indication as to the prescribed fees that…
Division and case type: CivilCivil Appeal
…High Court absolutely, and here substantially, succeeded on the question of liability and on loss of earnings, I would not interfere with the learned judge’s order that the appellant should pay the costs of the High Court proceedings…
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…
Division and case type: CivilCivil Appeal
…Richard Ambogo Raden, the respondent in this case (hereinafter called the plaintiff) filed proceedings against Kenya Meat Commission (hereinafter called the defendant) claiming damages following an accident which occurred…
Division and case type: Milimani Commercial CourtsCivil Case
…Furthermore, even if it were, it would not be a question as to the interpretation of the Constitution let alone one arising in proceedings in a subordinate court which is what section 67(1) of the Constitution of Kenya covers…
Division and case type: CriminalCriminal Case
…The learned Judges of the Court of Appeal for Eastern Africa left it open to the Crown to take such proceedings against the first appellant and against the other accused, who had not appealed but had had their conviction…
…But the learned Judges of the Court of Appeal for Eastern Africa left it open to the Crown to take such proceedings against the first appellant as could be deemed proper.…
Division and case type: CivilCivil Appeal
…So much for the pleadings, the correspondence, the proceedings in the High Court and the submissions of the advocates for the parties. The relevant law follows.…
Division and case type: Anti-CorruptionCivil Appeal
…I would grant an order for injunction to restrain Mr Keith and any partner in the respondents rm of advocates from continuing to act for the defendants in the main suit or in any litigation or proceedings arising from the…
Division and case type: CivilCivil Appeal
…Although therefore this issue was not pleaded, from the proceedings before the superior court, it clearly was left to that court for decision – see the case of Odd Jobs v Mubia, [1970] EA 476 at page 476 letters H and I.…
Division and case type: CriminalCriminal Appeal
…Procedure Code (Cap 75) remembering that the proviso thereto provides that in determining this question the court shall have regard to whether the objection ‘could and should have been raised at an earlier stage of the proceedings…