Case law
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Division and case type: CivilCivil Appeal
…On the 14th February, 1996 the applicant applied for the proceedings and ruling and that letter was duly copied to counsel for both respondents. The proceedings were apparently supplied to the applicant within time.…
…Lepelley correctly points out, a certificate of delay is only required in respect of proceedings. There was accordingly no occasion to look for a certificate of delay.…
Division and case type: CivilCivil Appeal
…or taking any other steps in the proceedings, apply to the court to stay the proceedings;" In the present case the appellant did more than just enter an appearance.…
…The appellant made no application for stay of proceedings. The appellant was a a party to an arbitration agreement within the meaning of section 6 of the Act but Mr.…
Division and case type: CivilCivil Suit
…Mr Nowrojee for the respondent annexed to his application for the stay of a copy of the proceedings before Muli, J in the High Court but 25 pages were imperfect because the copytypists could not read the handwriting could…
…Mr Nowrojee says he will apply for a certificate of delay setting out that the Deputy Registrar of the High Court did not tell him the judgment and proceedings were ready until which meant that Mr Nowrojee and the respondent…
Division and case type: CivilMiscellaneous Application
…It is, therefore, clear that as at 20 May, 1998 the proceedings and judgment were ready for collection and, in my view, that is the date on which time commenced to run.…
…First, paragraph 8 refers to certified copies of proceedings and judgment. Rule 81 under which the Certificate of Delay has been issued provides for an extension in respect not of certified copies but merely copies.…
Division and case type: COMMERCIAL DIVISIONJudicial Review
…The appellant sought to have an order for retrial, asserting that it was in the interests of justice to order a retrial where the record of proceedings has been tampered with in an appeal, and fair hearing cannot be achieved…
…The record shows that the complaint relating to the record of appeal was in fact raised and addressed during the proceedings.…
Division and case type: CivilMiscellaneous Application
…He must also demonstrate that this court has jurisdiction to entertain the proceedings. 3.…
…Be as it may, it is clear that the proceedings before the Tribunal were under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap 301 of Laws of Kenya.…
Division and case type: CivilMiscellaneous Application
…Certified copies of proceedings and judgment were applied for by a letter dated July 22, 1980. Followed by several reminders.…
…Cannot be invoked unless a copy of the letter to the registrar asking for certified copied of proceedings and judgments is copied to and sent to the respondent to the intended appeal by their advocate within 30 days of the…
Division and case type: CivilCivil Suit
…Certified copies of proceedings and judgment were applied for by a letter dated July 22, 1980. Followed by several reminders.…
…Cannot be invoked unless a copy of the letter to the registrar asking for certified copied of proceedings and judgments is copied to and sent to the respondent to the intended appeal by their advocate within 30 days of the…
Division and case type: CivilMiscellaneous Application
…These proceedings were contained in Document No. 5 and it is in respect of these proceedings that the Order of Certiorari was sTohueg htc obuyn setlhes afpoprl itchaen t.Registrar of Trade Unions and the Banking, Insurance…
…Rule 7 (1) of Order LIII of the Civil Procedure Rules, where relevant in regard to proceedings, requires a copy of the said proceedings verified by affidavit to be lodged with the Registrar of this court before the hearing…
Division and case type: Constitutional and Human RightsPetition
…The company concurrently with that reply filed an application seeking orders to prohibit the company from advertising the petition and the removal of the petition from the file of the proceedings or in the alternative that…
…It was common ground that after my dismissal of the application to remove the petition from the proceedings or stay or strike out the same, the company came along and paid the entire principal amount owed to the petitioner…
Division and case type: CivilCivil Appeal
…The complex issues that were involved in the proceedings before the learned Judge will now be recounted.…
…That despatch is an object of the proceedings is shown by O.XXXVI, which provides that they shall be listed as soon as possible and be heard in chambers unless adjourned by a judge into a court.'.…
Division and case type: CriminalCriminal Case
…MCCR/E.034 of 2020, pending the hearing and determination of this revision. 3) To make an order to call for and examine the record of the proceedings in the Chief Magistrate’s court at JKIANairobi in Criminal Case No.…
…The reason being that the revising court, is only allowed to peruse the record of the proceedings and then proceed to satisfy itself that the procedure in the lower court was regular.…
Division and case type: CivilCase number Civil Application
…The result therefore is that Patel J gave an interim judgment for the plaintiff on liability and Mr Commissioner Sampson completed the proceedings on March 24, 1987 with his assessment of damages.…
…If successful, the assessment of damages would fall away, and the suit would be heard fully, and damages assessed as part of the proceedings, on the basis of such liability found, if any.…
Division and case type: GeneralUnclassified
…She also claimed that no hearing is allowed in revision proceedings. With due respect we do not think Miss Nyaanga’s submissions are quite correct.…
…The procedure followed in commencing these proceedings, is in our view, proper.…
Division and case type: CivilCivil Case
…He states that there has been previous proceedings and that the subject matter of the suit does not exist as plaintiff has sub-divided the land sold some parts and retained others.…
…There has been previous proceedings. In Meru High Court Civil Appeal No. 22/88.…
Division and case type: CivilCivil Appeal
…Rule 10(1) of order XXXVI of the Rules is in the following terms: “10 (1) Where, on an Originating Summons under this order, it appears to the Court at any stage of the proceedings that the proceedings should for any reason…
…be continued as if the cause had been begun by filing a plaint, it may order the proceedings to continue as if the cause had been so begun and may, in particular, order that any affidavits filed shall stand as pleadings,…
Division and case type: Milimani Commercial CourtsCivil Case
…The first one is that the police officer as agent for the defendant must have instituted the criminal proceedings against the plaintiff. Mr Ojiambo says that a police officer does not or can not act as agent.…
…That the proceedings terminated in the plaintiff’s favour is acknowledged by the defendants. The plaintiff having established liability in the defendants, I turn to the question of damages.…
Division and case type: CivilCivil Appeal
…Section 9(3) of the Law Reform Act reads: “(3) In the case of an application for an order of certiorari to remove any judgment order decree conviction or other proceedings for the purpose of its being quashed, leave shall…
…It has been referred to as a chamber application throughout the typed proceedings of the Superior Court before us and we have to go by the proceedings before the Superior Court.…
Division and case type: CriminalCriminal Appeal
…As a result of those proceedings the appellant filed Criminal application number 467 of 1987 in the High Court, Nairobi.…
…As respects issues of the Constitution, if a question as to the interpretation of the Constitution of Kenya arose during the proceedings before the subordinate court and the magistrate felt there was substantial question…
Division and case type: CriminalCriminal Appeal
…The proceedings of this Court were in English and Swahili. They were interpreted into the Swahili language by our court clerk Mr Njoroge.…
…The proceedings, which are shown to have been in English/Swahili were as follows: Accused: “I ask that the charge be read to me again”. Court: “Fair enough” Charge read over and explained.…