Case law
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Division and case type: Constitutional and Human RightsPetition
…She prayed for the exparte orders granted to be vacated and for dismissal of the application for revision. 22. Mr. Magolo responded by stating that there was confirmation by Mr.…
…The exparte orders granted on 30th July, 2020 staying the lower court proceedings are automatically vacated by the dismissal of the application. 40.…
Division and case type: CivilCivil Suit
…I must, first of all, deal with the aspect of desertionfrom duty since in these proceedings the defendants have citedit as their justification for the dismissal act taken against(him (the plaintiff). Did he desert duty?…
…In the first place,the dismissal letter of 20th May, 1988 (Exh.7) does not specifythe Period during which the plaintiff had been absent from dutyand had not been working in Mombasa.…
Division and case type: CriminalCriminal Case
…She prayed for the exparte orders granted to be vacated and for dismissal of the application for revision. 22. Mr. Magolo responded by stating that there was confirmation by Mr.…
…The exparte orders granted on 30th July, 2020 staying the lower court proceedings are automatically vacated by the dismissal of the application. 40.…
Division and case type: Employment and Labour RelationsCase number Cause
…Issue in Dispute:- “Dismissal of M/S. Dominic Nzivu and Peter Omondi” (hereinafter called the grievants). No appearance for the Claimants (hereinafter called the Union).…
Division and case type: CivilCivil Appeal
…The termination was said to last for 24 months and as a result he claimed damages for wrongful dismissal and the payment of his salary and allowances for 24 months.…
…In answer to those claims Mr Sampson held that the Appellant had not proved that he was entitled to any general damages for wrongful dismissal because it was not wrongful termination which had caused the Plaintiff to be unemployable…
Division and case type: CivilCivil Appeal
…The matter came speedily before the Court because on the same day, that is to say, August 24th, 1988, counsel for the defendant applied for an adjournment to enable him to apply to set side the ex-parte dismissal of the application…
…From the moment he refused to allow an adjournment so that an application to set aside the ex-parte dismissal of the defendant’s application to set aside the interlocutory judgment could be made, the judge had before him…
Division and case type: CivilCivil Appeal
…He also complained of the delay in delivering reasons for dismissal of his appeal by the three judges of appeal. By so doing, Mr Matiba expected a response from the respondent and none other.…
…An application to strike out the petition as being incompetent, was dismissed by the Election Court and a Notice of Appeal against this dismissal was filed in this Court.…
Division and case type: Milimani Commercial CourtsCivil Suit
….…….4TH DEFENDANT RULING The first and second defendants have pending before court a Notice of Motion dated 27th July 2006 seeking the dismissal of this suit for want of prosecution.…
Division and case type: CivilCivil Case
…That order deals with the setting aside of judgment entered in default of attendance on the date of hearing or the dismissal of a suit for the same reason.…
Division and case type: Milimani Commercial CourtsUnclassified
…The respondent should consider himself lucky that instead of seeking the dismissal of the said suit for want of jurisdiction, the applicant has instead opted to have the suit transferred to a court with competent jurisdiction…
Division and case type: CivilCivil Appeal
…2 years with no provision relating to termination of appointment, the position would be that the appointment would be considered as terminated at the expiry of 2 years – barring of course, causes giving rise to summary dismissal…
Division and case type: CivilCivil Appeal
…appellant applied to this court under rule 5(2)(b) of the Court of Appeal Rules in Civil Application No 69 of 1986 praying that the court be pleased to grant an injunction pending the hearing of the intended appeal against the dismissal…
…The appeal to this court is as a result of the dismissal of the application.…
Division and case type: CriminalCriminal Appeal
…It is that dismissal that is now the subject of the reference before us. At the hearing of this reference on 18th December, 1996, Mr.…
Division and case type: CivilCivil Suit
…trial may be forestalled, it becomes self-evident that as I am not satisfied that the Applicant has any legal right she may have is at risk of serious prejudice, the application for the interlocutory relief cries out for dismissal…
Division and case type: CriminalCase number Criminal Application
…It is that dismissal that is now the subject of the reference before us. At the hearing of this reference on 18th December, 1996, Mr.…
Division and case type: CivilMiscellaneous Application
…The dismissal of his summons in Miscellaneous Application 333 of 1983 rankled, however, so the applicant, by another summons in chambers asked the same judge to review it giving as the main ground for doing so the provisions…
…Not even the last paragraph, it would seem, has resolved the dispute about the costs of the dismissal of the first summons in chambers.…
Division and case type: Milimani Commercial CourtsCivil Case
…I also note that no such a request may have been made following Judge Cockar’s dismissal of the application to set aside the award in the Probate and Administration Cause No. 342 of 1987.…
Division and case type: CivilCivil Appeal
…The appeal filed against the ruling of the learned judge ordering dismissal of the suit but deferring such dismissal until the application for amendment was heard has already been struck out as that appeal was filed without…
Division and case type: CivilCivil Case
…His list of authorities cited the case of Mukisa Biscuit Manufacturing Co Ltd Vs West End Distributors Ltd [1969] EA 696 A case dealing with the dismissal of the suit and the courts inherent jurisdiction.…
Division and case type: CivilCivil Suit
…had not been complied with namely Clause 34 (a) (V) and (g) and in the case of Konig Kanjee the court held that the employee even though dismissed summarily was entitled to a pay for the days he had worked for before the dismissal…