Case law
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Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Yet, it would appear, the judgement of 3rd November 2023 was a nullity, for it was delivered by a court bereft of jurisdiction.…
…As the determination was a nullity, the proceedings, leading up to it, have to be invalidated.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Further in the said case Odunga, J. as he then was explained that “The reason for this is that a suit filed in a court without jurisdiction is a nullity in law and whatever is a nullity in law is in the eyes of the law nothing…
Division and case type: High Court DivCivil Case Miscellaneous
…Appeal held: “Decided cases on this issue are legion and we cannot cite all of them…The Court succinctly settled this point in the following words:- “ When a suit has been filed in a court without jurisdiction, it is a nullity…
…The suit was a nullity ab initio and was not transferable to another court; jurisdiction cannot be conferred by consent and ultimately, all orders emanating from that suit are null and void.…
Division and case type: High Court CivilCivil Appeal
…I shall allow this appeal, on the ground that the judgment was a nullity. The declaration of nullity would mean that the matter at the Small Claims Court is still live.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The said determination and judgement was a nullity. 7. The appeal herein challenges that bad judgement, on its merits.…
…As the judgement was a nullity, it cannot provide foundation for an appeal challenging it on its merits. 8.…
Division and case type: High Court DivCommercial Appeal
…The issues of law I have identified area; a. whether the court’s judgment is a nullity for having been delivered beyond the statutory period of sixty days; b. whether the trial court was right in admitting the report dated…
…According to the appellant, Section 34(1) of the Act ties and binds the court to the period of sixty days and any proceedings or judgment taken or delivered beyond that period is a nullity.…
Division and case type: High Court DivCivil Appeal
…The issues of law I have identified area; a. whether the court’s judgment is a nullity for having been delivered beyond the statutory period of sixty days; b. whether the trial court was right in admitting the report dated…
…According to the appellant, Section 34(1) of the Act ties and binds the court to the period of sixty days and any proceedings or judgment taken or delivered beyond that period is a nullity.…
Division and case type: High Court DivCriminal Appeal
…THAT, the Pundit magistrate misdirected himself by failing to observe that charging the appellant with robbery with violence contrary to section 295 as read with section 296 (2) of the Penal Code rendered the trial court nullity…
…This omission renders the trial a nullity.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The application was based on 11 grounds which can be collapsed into one which is that, the suit is a nullity for having been filed in a court which had no jurisdiction.…
…According to the applicants, the suit was nullity ab initio and there was nothing capable of being transferred to this court as the same had been filed in a court which lacked jurisdiction.…
Division and case type: High Court DivJudicial Review
…Independent Electoral and Boundaries Commission & 7 Others [2014] eKLR, that: “...the Notice of Motion is a strange document to the court and a nullity.” 16.…
…The application is accordingly incompetent and a nullity, and there is no competent application before this Court for determination on its merits. F. DISPOSITION 31.…
Division and case type: High Court CivilCivil Suit
…“According to the appellant, the court had no jurisdiction and the suit was a nullity ab initio and it could not therefore be transferred to the High Court whether by consent or otherwise.…
…THIGA T/A NEWSPAPER SERVICES is therefore a nullity as it was based on a nullity. We have said enough to demonstrate that this appeal has merit. We allow it with costs to the appellant.” 35.…
Division and case type: High Court DivCivil Appeal
…The said subsequent proceedings and ruling were a nullity abinitio, and nothing can arise from the same.…
…And; “ If an act is void, then it is in law a nullity. It is not only bad, but incurably bad. … And every proceeding which is founded on it is also bad and incurably bad.…
Division and case type: High Court Judicial ReviewJudicial Review
…Anthony Maingi Koomu were nullity ab initio having been delivered and or issued without the requisite jurisdiction. ii) That an Order of Certiorari, do issue calling to this Court for purposes of quashing the Interlocutory…
…It is a nullity without life or authority.…
Division and case type: High Court FamilyFamily Miscellaneous
…This is so because a suit filed in a court without jurisdiction is a nullity, as was succinctly put by Ojwang, J (as he then was) in Boniface Waweru Mbiyu v Mary Njeri & another [2005] KEHC 2392 (KLR) “I will, in agreement…
…As for the Court, the matter thus filed is so defective as to be a nullity. It is incompetent and void in law; and therefore it is not a motion or suit that can be transferred to any other Court.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Further in the said case, Odunga, J. as he then was, explained that “The reason for this is that a suit filed in a court without jurisdiction is a nullity in law and whatever is a nullity in law is in the eyes of the law…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…She contended that as a result, all the pleadings filed while the respondent’s Advocate was not properly on record are a nullity ab initio thus rendering the ruling dated 24th August, 2021 irregular and unlawful. 5.…
…She contended that all the pleadings filed while the respondent’s Advocates were not properly on record are a nullity ab initio thus rendering the ruling dated 24th August, 2021 irregular and unlawful.…
Division and case type: High Court CivilCommercial Arbitration
…That execution proceedings against the Applicants which give rise to the attachment orders and decree dated 12th August 2022 are a nullity ab initio.…
…That the proclamation and warrants of attachment dated 2nd May 2024 to realise Kshs. 10,632,742.47 are a nullity. 4.…
Division and case type: High Court FamilyFamily Originating Summons
…A trial without jurisdiction is a nullity.…
…It is always in the interest of justice to raise the issue of jurisdiction so as to save time and costs and to avoid a trial in nullity. 7.…
Division and case type: High Court DivCivil Suit
…They also seek an order that the tractors in prayer (b) having been seized without any court judgment/Decree the purported auction on 4.9.2019 was a nullity, null and void and should be set aside to restore them to the plaintiffs…
…E004 OF 2021) are claiming that the auction was illegal and are asking the court to find the said auction to have been a nullity abi intio.…
Division and case type: CHR and JRJudicial Review
…Mutunga (SRM), AG, OCPD & OCS and the Interested Party (herein the "Applicant") for being nullity ab initio.” 2.…
…According to the interested party, since the interest party’s authority to plead is a nullity, all other proceedings including the taxation of the ex parte applicants’ party and party bill of costs dated 7 June 2018 arising…