Case law
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Division and case type: CivilCivil Suit
…trial may be forestalled, it becomes self-evident that as I am not satisfied that the Applicant has any legal right she may have is at risk of serious prejudice, the application for the interlocutory relief cries out for dismissal…
Division and case type: CivilCivil Appeal
…He also complained of the delay in delivering reasons for dismissal of his appeal by the three judges of appeal. By so doing, Mr Matiba expected a response from the respondent and none other.…
…An application to strike out the petition as being incompetent, was dismissed by the Election Court and a Notice of Appeal against this dismissal was filed in this Court.…
Division and case type: CivilCivil Case
…That order deals with the setting aside of judgment entered in default of attendance on the date of hearing or the dismissal of a suit for the same reason.…
Division and case type: CivilCivil Appeal
…That this act amounted to negligence on his part to warrant the dismissal of the application to set aside ex-parte judgment.…
Division and case type: CivilCivil Appeal
…That appeal was not actually upon the question of summary dismissal. It was actually upon the process of review. But it has been followed in essence. There are several aspects which may be misleading.…
Division and case type: CivilMiscellaneous Application
…The dismissal of his summons in Miscellaneous Application 333 of 1983 rankled, however, so the applicant, by another summons in chambers asked the same judge to review it giving as the main ground for doing so the provisions…
…Not even the last paragraph, it would seem, has resolved the dispute about the costs of the dismissal of the first summons in chambers.…
Division and case type: CivilCivil Suit
…(c) General damages for wrongful dismissal and breach of contractreached on 10th April, 1996. (d) A declaration that the letter dated 17th April, 1996 giving theplaintiff one month notice is irregular.…
Division and case type: Milimani Commercial CourtsUnclassified
…The respondent should consider himself lucky that instead of seeking the dismissal of the said suit for want of jurisdiction, the applicant has instead opted to have the suit transferred to a court with competent jurisdiction…
Division and case type: CivilCivil Appeal
…2 years with no provision relating to termination of appointment, the position would be that the appointment would be considered as terminated at the expiry of 2 years – barring of course, causes giving rise to summary dismissal…
Division and case type: CivilCivil Appeal
…The appeal filed against the ruling of the learned judge ordering dismissal of the suit but deferring such dismissal until the application for amendment was heard has already been struck out as that appeal was filed without…
Division and case type: CivilCivil Appeal
…appellant applied to this court under rule 5(2)(b) of the Court of Appeal Rules in Civil Application No 69 of 1986 praying that the court be pleased to grant an injunction pending the hearing of the intended appeal against the dismissal…
…The appeal to this court is as a result of the dismissal of the application.…
Division and case type: CivilCivil Appeal
…section 11; or (b) where an appeal is entered under section 11 and dismissed, on the expiry of the time limited for appeal under section 13; or (c) where a further appeal is entered under section 13 and dismissed, on that dismissal…
Division and case type: CriminalCase number Criminal Application
…It is that dismissal that is now the subject of the reference before us. At the hearing of this reference on 18th December, 1996, Mr.…
Division and case type: CivilMiscellaneous Application
…He brings this Motion under Section 60, 70, 72 and 84 of the Constitution to challenge the constitutionality of the trial and the legality of his dismissal.…
Division and case type: Constitutional and Human RightsPetition
…The respondent cross-petitioned but in her prayers she only prayed for dismissal of the petition and no prayer for dissolution of the marriage. However it is clear that the parties do not wish to stay together.…
Division and case type: CivilCivil Suit
…However, the dismissal was referred to the full court (Madan, Miller and Potter, JJA) which reference was also dismissed on December 3, 1981.…
Division and case type: Milimani Commercial CourtsCivil Case
…I also note that no such a request may have been made following Judge Cockar’s dismissal of the application to set aside the award in the Probate and Administration Cause No. 342 of 1987.…
Division and case type: CivilCivil Appeal
…an appeal from the judgment and decree of the High Court of Kenya at Nairobi (Mr Justice William Mbaya) dated 17th October, 1985 in HCC No 2153 of 1979) ***************************** JUDGMENT This appeal arises from the dismissal…
Division and case type: CivilCivil Case
…His list of authorities cited the case of Mukisa Biscuit Manufacturing Co Ltd Vs West End Distributors Ltd [1969] EA 696 A case dealing with the dismissal of the suit and the courts inherent jurisdiction.…
Division and case type: CivilCivil Suit
…had not been complied with namely Clause 34 (a) (V) and (g) and in the case of Konig Kanjee the court held that the employee even though dismissed summarily was entitled to a pay for the days he had worked for before the dismissal…