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…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.…

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plaint dated 7th July, 2010 the plaintiff states on oath (through Verifying Affidavit) H.C.C.C No. 35 of 1997 has been withdrawn by the plaintiff and therefore the plaintiff states there are no pending proceedings…

…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?…

…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…

…This is an application by the defendants in these proceedings in which I am asked to order that the plaintiff do furnish security for all costs of the defendant.…

…credible evidence of a civil engineer who is also the vice chairman of the Institution of Civil Engineers Mombasa branch and who practised his profession for 32 years is that when excavations of the sort described in these proceedings…

…This question raised tremendous controversy in the proceedings, and in the process occassioned delay in disposing of the suit.…

…DEFENDANT R U L I N G Under O.38 r 5 of the Civil Procedure Rules this court may at any stage of proceedings upon being satisfied either by Affidavit or otherwise that the defendant with intent to obstruct or delay the execution…

…Plaintiff thought D.W.1 is an employee of the Government of Kenya, the Plaintiff instituted this suit against the Defendant, the Attorney-General, under and in accordance with the provisions of section 12 of the Government Proceedings…

…D.W.1 in turn denied before me that an accident ever took place or that he was ever made aware of it that morning.In support of this contention, he produced proceedings in the Court of the Resident Magistrate at Kilifi (Exh.D…

…Secondly that this 2ndand 3rdRespondents are crucial parties whose involvement and participation in these proceedings are necessary.He said that in fact that they were the principal Respondents in this matter. 7. Mr.…

…magistrate was entitled to take over under section 200(1) of the Code, but in doing so he was duty bound to comply with section 20083) of the same Code which provides:- “Where a succeeding magistrate commences the hearing of proceedings…

…That pending the hearing of this application all proceedings be stayed. And 3. That the petitioner do pay the costs of the first respondent in Respect of the Petition as well as of this application.…

…there should be a petition against him or stating that the intends to act for himself and in either case giving an address in Kenya at which notices addressed to him may be left or if no such writing is left all notices and proceedings…

…Platt JA This appeal has been brought from an assessment of damages in ex parte proceedings, due to the default of appearance of the second respondent.…

…The evidence which was adduced in the proceedings for assessment of damages was specifically for that purpose and for none other.…