Case law
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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: CivilMiscellaneous Civil Application
…Regarding stay of execution Order 42 Rule 6 of the Civil Procedure Rules governs the conditions to be met by a party to the proceedings seeking stay of execution of the Judgment.…
Division and case type: CivilCivil Case
…As I understand it, leave to appeal from an order in civil proceedings will normally be granted where prima facie it appears that there are grounds of appeal which merit serious judicial considerations but where, as in the…
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: Constitutional and Human RightsElection Petition
…(ix) Rule 29 of the Elections (Parliamentary and county Election)Petition Rules, 2017 provides thus: 1) the parties to the proceedings may apply for scrutiny of the votes for purposes of establishing the valid votes cast…
…Rule 29 of the Elections (Parliamentary and County Elections) Petition Rules, 2017 provides as follows:- "Scrutiny of votes (1) The parties to the proceedings may apply for scrutiny of the votes for purposes of establishing…
Division and case type: CivilCivil Appeal
…over 9 years later, the applicant filed an application by notice of motion under Section 3A Civil Procedure Act for directions regarding the hearing of the appeal and for an order that the appeal be heard without copies of proceedings…
Division and case type: Constitutional and Human RightsElection Petition
…(ix) Rule 29 of the Elections (Parliamentary and county Election)Petition Rules, 2017 provides thus: 1) the parties to the proceedings may apply for scrutiny of the votes for purposes of establishing the valid votes cast…
…Rule 29 of the Elections (Parliamentary and County Elections) Petition Rules, 2017 provides as follows:- "Scrutiny of votes (1) The parties to the proceedings may apply for scrutiny of the votes for purposes of establishing…
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: CivilCivil Appeal
…The mischief against which all limitation Acts are directed is delay in commencing legal proceedings; for delay may lead to injustice, particularly where the ascertainment of the relevant facts depend on oral testimony.…
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…
Division and case type: CivilCivil Appeal
…High Court absolutely, and here substantially, succeeded on the question of liability and on loss of earnings, I would not interfere with the learned judge’s order that the appellant should pay the costs of the High Court proceedings…
Division and case type: CriminalCriminal Case
…The learned Judges of the Court of Appeal for Eastern Africa left it open to the Crown to take such proceedings against the first appellant and against the other accused, who had not appealed but had had their conviction…
…But the learned Judges of the Court of Appeal for Eastern Africa left it open to the Crown to take such proceedings against the first appellant as could be deemed proper.…
Division and case type: CivilCivil Appeal
…Although therefore this issue was not pleaded, from the proceedings before the superior court, it clearly was left to that court for decision – see the case of Odd Jobs v Mubia, [1970] EA 476 at page 476 letters H and I.…