Case law
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Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…It is not clear what part Ogowe played in these proceedings for review. The record does not show that he took any part.…
Division and case type: CivilCivil Appeal
…No 56 of 1986 dated 30th March 1986) The six-month limitation period for applying for leave to seek an order of certiorari under the Law Reform Act is mandatory The application concerned leave to commence judicial review proceedings…
Division and case type: CivilCivil Suit
….4TH CONTRIBUTOR/OBJECTOR EDWARD KINGS ONYANCHA MAINA....................................................5TH CONTRIBUTOR/OBJECTOR RULING The Applicant, Edward Kings Onyancha Maina, is the 5th Contributor in this winding up proceedings…
Division and case type: CivilCivil Appeal
…What the appellants stated in their claim presented by Noah’s evidence in the proceedings before the committee and produced as Exhibits marked D9 is this: “I claim from Ainea my father’s piece of land, simply because he has…
…On these facts, it seems, whatever may have been the original nature of the title acquired by the parties, since the dispute of 1947, 1958 and their settlements and the Land Adjudication proceedings of 1967 which resulted…
Division and case type: GeneralCase
…An analogy may also be drawn from the area of reinstating proceedings which have been determined, that is setting aside of orders already made. In the case of SHABIR DIN V. RAM PRAKASH ANAND cited in MAINA V.…
Division and case type: CivilCivil Appeal
…Finally counsel submitted that the learned judge ought to have taken into account the conduct of the respondent before and during the proceedings as an aggravating factor in making an award of damages.…
Division and case type: CivilCivil Appeal
…Both parties were or are domiciled in Kenya and there had been no previous proceedings in any court with reference to the said marriage.…
…On page 32 of the proceedings she explained exactly what happened. She told the lower court that she had wanted Daniel to be independent on his own, but he was not.…
Division and case type: CivilCivil Appeal
…It appears from the proceedings that on December 23, 1985 the respondent applied for judgment in default of the appellant entering an appearance or filing a defence.…
…But an affidavit of the process server is admissible in evidence and in the absence of contest it would normally be considered sufficient evidence of the regularity of the proceedings.…
Division and case type: CivilCivil Appeal
…I have caused proceedings in the file and those ofthe related files to be typed for Your Lordship'sperusal and directions please.…
Division and case type: CivilCivil Case
…I have caused proceedings in the file and those ofthe related files to be typed for Your Lordship'sperusal and directions please.…
Division and case type: CivilCivil Appeal
…Justice Act 1948 a conviction of an offender followed by an order placing the offender on probation or discharging him absolutely or conditionally, had to be deemed to be no conviction, except for the purposes of those proceedings…
Division and case type: CivilCivil Appeal
…Civil suits and proceedings relating to the title to or the possession of, land, or to the title to a lease or charge, registered under this Act, or to any interest in such land, lease or charge, being an interest which is…
Division and case type: CivilCivil Suit
…65,000,000.00 and it kept coming down, that he did not write back to the defendants to confirm the conversation between the managing director of the defendant, that he was the one personally seized of the matter subject of these proceedings…
…Secondly lack of audience would be called into question if the application were to be argued on that date but not to record a consent or take further proceedings in the matter.…
Division and case type: CivilCivil Case
…But an affidavit of the process server is admissible in evidence and in the absence of contest it would normally be considered sufficient evidence of the regularity of the proceedings.…
Division and case type: CivilCivil Appeal
…The record of proceedings in the superior court does not indicate In his responding affidavit sworn on 5th June, 1987, Kweyu Omuto, the respondent, deponed as follows:- 11.…
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: 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…