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…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.…

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plaint dated 7th July, 2010 the plaintiff states on oath (through Verifying Affidavit) H.C.C.C No. 35 of 1997 has been withdrawn by the plaintiff and therefore the plaintiff states there are no pending proceedings…

…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…

…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.…

…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.…

…I have caused proceedings in the file and those ofthe related files to be typed for Your Lordship'sperusal and directions please.…

…I have caused proceedings in the file and those ofthe related files to be typed for Your Lordship'sperusal and directions please.…

…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…

…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.…