Case law
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Division and case type: High Court DivFamily Miscellaneous
…As afore stated, the grant of letters of administration was obtained irregularly which made it null and void ab initio hence in operative at the inception.…
…The upshot is that a matter which should have been declined at the outset for being null and void cannot be transferred. Therefore, I do revoke the grant of letters of Administration issued herein, suo moto .…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The grounds are that the judgment is null and void, for being delivered after the six-month time limitation, and, therefore, without jurisdiction. There are various other grounds raised. 4.…
…The proceedings conducted outside the sixty days, that is from 28th January 2024, were without jurisdiction, and were null and void, including the judgement of 26th May 2024. 8.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The Plaintiff further urges that the auction that took place on 8th February 2023 is null and void as the Bank failed to issue proper statutory notices, proper notices of sale and reasonable notices in the advertisement of…
…The Plaintiff seeks a declaration that the auction that took place on 8th February 2023 is illegal, null and void and an injunction restraining the 2nd Defendant from transferring or otherwise disposing of the suit property…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The grounds are that the judgment is null and void, for being delivered after the six-month time limitation, and, therefore, without jurisdiction. There are various other grounds raised. 4.…
…The proceedings conducted outside the sixty days, that is from 28th January 2024, were without jurisdiction, and were null and void, including the judgement of 26th May 2024. 8.…
Division and case type: High Court CivilCivil Appeal
…It casts doubts on the validity of the orders and hoists the prospects of invalidity on account of being null and void ab initio.…
…Kadhi and orders given therein being in violation of Articles 2(1) and 170(5) of the Constitution, are null and void ab initio.…
Division and case type: High Court Judicial ReviewJudicial Review
…The terms of the office holders of the Church lapsed by effluxion of time effective 24th July 2023 rendering their continued stay in office illegal, null and void ii.…
…The decisions reached by the office holders of the Church are illegal, null and void the officers undertaking their mandates ultra vires; iii.…
Division and case type: High Court CivilFamily Originating Summons
…THAT this Honourable Court makes a declaration that the fraudulent transfer of the matrimonial property, being Title Number: MAGHARNI/BUNGALE/ 1420, in the name of to the 2nd Respondent was/is unlawful, null and void and…
…and void. v) Whether the Applicant is entitled to the orders sought.…
Division and case type: High Court DivCivil Appeal
…and void and that the attachment and seizure of the 1st Respondent's goods by the appellant and 3rd Respondent were also null and void.…
…and void.…
Division and case type: High Court CivilConstitution and Human Rights Petition (Civil)
…He contends that the said notices, together with the Motion dated 21st November 2024, were unlawful, issued without authority, and are null and void. 36.…
…and void. 39.…
Division and case type: High Court CivilConstitution and Human Rights Petition (Civil)
…He contends that the said notices, together with the Motion dated 21st November 2024, were unlawful, issued without authority, and are null and void. 36.…
…and void. 39.…
Division and case type: High Court CivilFamily P&A Intestate
…As such, the leave granted to Martin to apply for the grant, the grant itself and confirmation thereof are null and void.…
…The grant herein having been applied for and issued subsequently and later in time, is null and void ab initio and must give way to the earlier grant. 16. In Macfoy vs. United Africa Co.…
Division and case type: High Court DivJudicial Review
…and void.…
…and void.…
Division and case type: CivilCivil Suit
…The prayers sought, among others, are therefore for :- (a) A declaration that the meeting held on the 30.4.90 is invalid and null and void, and ultra vires the 1st plaintiff.…
…(b) A declaration that the resolution in the meeting of the 18.5.90 is fraudulent, unlawful, invalid and null and void.…
Division and case type: CivilCivil Case
…If, which is denied, the defendants’ undated Operators Licence is deemed to have come into operation on 1st June, 1995, the purported termination of it is null and void and the plaintiffs’ are entitled to run the station.…
…The orders sought in the plaint are: (a) a declaration that the purported termination of the licence dated 1st May 1988 is null and void.…
Division and case type: High Court Commercial and TaxCommercial Matters
…declare that the notice of appointment and notice of withdrawal of this suit herein dated 19th October 2020 filed by the firm GAKOI MAINA & CO ADVOCATES purportedly on behalf of Plaintiff, are in contravention of the law and…
…therefore null and void. 4.THAT costs of and occasioned by the said appearance, defence and notice of motion be provided for by Messrs Gakoi Maina personally. 5.THAT this Honourable Court be pleased to order that the Applicant…
Division and case type: High Court DivConstitution and Human Rights Petition (Civil)
…He thus filed the present Constitutional Petition seeking:- A declaration as unlawful, null and void the report of the Tourism Committee of Taita Taveta County adopted by the 1st respondent on the 18th July l2023 in so far…
…A declaration as unlawful, null and void the resolution of the 1st respondent passed on 18th July 2023 adopting the Tourism Committee report recommending the removal of the petitioner as Head of Protocol to the 2nd respondent…
Division and case type: High Court Commercial and TaxCommercial Matters
…It was a term of the undertaking that should the Respondent fail to fully pay the above sum within the stated period, the Deed of Settlement would be declared null and void.…
…That if we do not comply with any of the terms of this undertaking and/or if the said amount will not be fully within the stated period, the deed of settlement shall be declared null and void and you shall be at liberty to…
Division and case type: High Court Commercial and TaxCommercial Matters
…From the above provision, an arbitration agreement can only be avoided where the court finds that it is null and void, inoperative or incapable of being performed; or that there is not in fact any dispute between the parties…
…I do not hear the Plaintiffs claiming that the arbitration agreement contained in the Articles of Association is null and void, inoperative or incapable of being performed or that there is not in fact any dispute between…
Division and case type: High Court CivilFamily P&A Citation
…The application is opposed by the Respondent, Kennedy Omariatina, who contends that the grant issued in Kisii High Court Succession Cause No. 166 of 1997 was obtained without his knowledge and is therefore null and void.…
…Consequently, the grant of letters of administration issued to the Petitioner on 1st December 1998 is rendered null and void. 13.…
Division and case type: High Court Commercial and TaxCommercial Matters
…That the arbitration agreement is null and void, inoperative or incapable of being performed; or b. That there is not in fact any dispute between the parties with regard to the matters to be referred to arbitration. 8.…
…I therefore find that there exists a valid and enforceable arbitration agreement between the parties and there has been no demonstration that the clause is null and void, inoperative or incapable of being performed. 14.…