Case law
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Division and case type: Milimani Commercial CourtsCivil Case
…Whether the Charge Document is bad in law, irregular and a nullity. iii.Discrepancies in the Defendant’s own bank statements. 6.…
…was a school fees loan for Kshs. 200,000/-, which loan was secured by a charge for Kshs. 200,000/- over the suit property. 10.Secondly, the Plaintiff submitted that the Charge Document is bad in law, irregular and is a nullity…
Division and case type: CivilCivil Appeal
…It was up to court, when it was pointed out in an application for review that judgment was entered against some defendants without being heard, to hold that the whole arbitration proceedings were a nullity in the interest…
…The point here is not of fresh evidence but the point of law which underlie the proceedings the effect of which render the proceedings a nullity.…
Division and case type: CriminalCriminal Appeal
…The notice given was therefore not valid and a nullity. There was no evidence that the notice given in June 1986 was any more efficacious. The complainant says that he agreed to quit as per the notice of 3.10.86.…
Division and case type: Milimani Commercial CourtsCivil Case
…Is the defendant entitled to the sum claimed or is the contract a nullity in law?…
Division and case type: CivilCivil Case
…has also been held that: “an exparte attachment before Judgement without directing the defendant either to furnish security or to appear and show cause why he should not furnish security breached order 38 r 5 and was a nullity…
Division and case type: CivilCivil Appeal
…It therefore is apparent that the extension of time granted by Platt J. was a nullity. Any steps taken thereafter are therefore of no consequence. But the orders of Platt J. were not challenged on appeal.…
Division and case type: CivilCivil Appeal
…The trial court did not restate the evidence and Counsel therefore invited this court to find this judgment by the lower court is a nullity.…
Division and case type: CivilCivil Suit
…Divorce Act by virtue of the provisions of section 4 of the latter statute), the marriage intended to be contracted on 9.12.95 between the defendants would be invalid and of no legal effect and accordingly such an obvious nullity…
Division and case type: CivilCivil Appeal
…The letter of Consent is null and void and the whole transaction is a nullity due to failure of obtaining the Land Board Consent within the stipulated period according to law.…
Division and case type: CriminalCriminal Appeal
…The judges accepted that if a plea is not voluntary or is obtained for force or threats or torture or deception, it cannot be said to be unequivocal and would, in those circumstances, be a nullity and the bar in section 348…
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: CivilCivil Case
…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: Constitutional and Human RightsElection Petition
…It follows from this that the petition was not served in accordance with the law and is therefore a nullity. Accordingly it must be struck out.…
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: CivilCivil Appeal
…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: CivilCivil Appeal
…This latter order still stands and the hearing of the suit by Kuloba, J was a nullity and of no effect.…
Division and case type: CivilCivil Case
…I declare that the purported sale of land parcel Number NTIMA/IG0KI/3749 to the 2nd Defendant by the 1st Defendant is a nullity as the 2nd Defendant is not an innocent purchaser for value of the said land.…
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.…