Case law
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Division and case type: CriminalCriminal Case
…Konya referred me to the following authorities in support of the argument that breach of section 72(3)of the Constitution would render the proceedings a nullity; i. James Njuguna Nyaga vs R H.C.Cr. No. 50/2004 (Nai) ii.…
Division and case type: CivilCivil Appeal
…The second Chamber Summons dated 13th November, 1995 prayed that all proceedings, judgement and orders in P.M.C.C.No. 303/95 be declared a nullity for the reasons that Mrs. Nzei deponed to in her supporting affidavit.…
Division and case type: CriminalCriminal Appeal
…Khaminwa’s proposal that if a plea of guilty is not voluntary or is obtained by force or threats or torture or even deception, it cannot be said to be unequivocal for it would in those circumstances be a nullity to which…
Division and case type: CivilCase number Civil Application
…The appellant wishing to resile from the agreement of sale alleges that the Land Board Consent obtained for the sub-division and sale is a nullity since it was granted outside the period of three months allowed under section…
Division and case type: CriminalCriminal Appeal
…I would under the circumstances of this particular case, dismiss the charge and acquit the appellant on the ground that the proceedings after failure to comply with said sections would be a nullity.…
Division and case type: CivilCivil Appeal
…Kanseen (1943) 1K.B. 256 which decision seems to turn on to the issue as to whether or not an order which is a nullity can be set aside ex debito justiciae.…
Division and case type: CivilCivil Appeal
…The petition was dismissed because of an omission to stamp the power of attorney prior to the presentation of the petition which omission the Court said had rendered the proceedings purported to be instituted under it a nullity…