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…Secondly, the decree holder relies on the compromise settlement which was worked out before the attached goods, which, he says, included the subject matter of these objection proceedings, were released to the defendant by…

…Mr Kabuki, the advocate, who signed that consent settlement on behalf of the 3 objectors testified in the present objection proceedings to the effect the objector herein was one of his three clients on whose instructions…

…Order 75, (the Order), the Supreme Court Practice, 1988 of England had provided for admiralty proceedings.…

…Where a court had no jurisdiction, there would be no basis for a continuation of proceedings pending other evidence.…

…the Kenya Laws and 0.41 r.(4) and 0 XLII r. (2) of Civil Procedure Rules asking that:- "This Honourable Court be pleased toorder that stay of execution be issuedpending the determination of an intendedappeal staying all proceedings…

…Init he says that since the High Court order LSK has fullyparticipated in the proceedings of the Commission and it (LSK)has already issued notices to call certain notable witnesseswhom they say are standing in senior position…

…The court appears to have adjourned the proceedings to 12.2.99.…

…PW 2 No 58868 Pc Francis Wambua stated at page 7 of the proceedings:- “Later I prepared an exhibit memo form and took 29 samples ........ To the Government Chemist...............…

…At this juncture, it is worth noting that although the record of the proceedings before the trial judge indicate that the summing-up to the assessors was done on 15th December, 1993 by the trial judge, the latter made no…

…Regarding the absence of summing-up notes on the record of the proceedings before the learned trial judge, we would only echo the words of the Court of Appeal for Eastern Africa in the case of Samusoni Mukono and another…

…It follows therefore that the proceedings presided over by the Commissioner of Assize, Beham are a nullity in law. There is one more matter of relevance.…

…it is necessary for the determination of the real matter in dispute to do so, order any other person to be substituted or added as plaintiff upon such terms as the court thinks fit. (2) The court may at any stage of the proceedings…

…Under sub-rule (2) the judge could at any stage of the proceedings, “either upon or without the application of either party,’ exercise his discretion and order the substitution of the proper party.…

…followed but he was told that in accordance with the relevant law governing his profession that is to say the Advocates Act cap 16 Laws of Kenya he is the one to be followed as he gave a personal guarantee and disciplinary proceedings…

…on and it shows lack of seriousness on the part of the plaintiff in this matter. (3) That since the suit arises from a professional undertaking the plaintiff has to make good that undertaking before he can initiate civil proceedings…

…Section 176 of the Evidence Act provides:- “Subject to this Chapter a copy of any entry in a banker’s book shall in all legal proceedings be received as prima facie evidence of such entry, and of the matters transaction and…

…These proceedings were preceded by an application for bail pending appeal. The court considered and both sides agreed that the actual appeal should itself be heard and that is what happened. Mr.…

…Upon our consideration of the proceedings in the two lower courts and hearing the submissions of the appellant we cannot find any such error. In the result this appeal is ordered to be dismissed with costs.…

…In reply counsel for the appellant stated that the issue of limitation is a matter of jurisdiction which can be raised at t any stage of the proceedings even on appeal.…

…The appellant contends that this is a point of law which can be raised at any stage of the proceedings even on appeal.…

…paragraph 16 of the plaint dated 7th July, 2010 the plaintiff states on oath (through Verifying Affidavit) H.C.C.C No. 35 of 1997 has been withdrawn by the plaintiff and therefore the plaintiff states there are no pending proceedings…

…By his principal submission, he contends that by virtue of Order 5 rules 9 and 12 of the Rules, there was no valid service of summons to enter appearance and that therefore the proceedings ex-parte were null and void ab initio…

…Accordingly in my view there was no valid service of the summons to enter appearance and therefore the proceedings exparte must be rendered null and void ab initio.…

…Clearly the Masai interpreter was there to do interpretation for the benefit of those, including the appellant, who wanted to have proceedings and evidence interpreted into Masai language.…

…The plaintiff said in these proceedings that there was noreply to his letter. According to his evidence he then by continued to attend to his duties in the Mombasa office whileawaiting a reply to his letter.…

…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?…

…It is not clear what part Ogowe played in these proceedings for review. The record does not show that he took any part.…

…Although a defence was filed denying liability no defence witnesses were available on the date of hearing and the learned Judge embarked on proceedings in which the only oral testimony was that of the plaintiff/Appellant,…

…I would order the Respondent to pay the costs of this appeal and of the proceedings in the High Court on the High Court scale. As the other members of this Court agree it is so ordered. Gachuhi JA.…

…allow Diamond Trust reasonable time to prove that it was the owner of the vehicle; or else the court broker for failing to give adequate notice of the auction which would have enabled Diamond Trust to institute objection proceedings…