Case law
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Division and case type: Constitutional and Human RightsPetition
…The petitioner states that her consent was fraudulently obtained as:- (i) She did not understand the language in which the marriage proceedings were conducted.…
Division and case type: CivilCivil Suit
…Copies of the charge sheet and proceedings were produced as exhibit 5. In his submission the advocate for the defendant has urged the Court to ignore the conviction as the same was not pleaded.…
Division and case type: CivilCivil Case
…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…
Division and case type: CriminalCriminal Appeal
…Where a succeeding magistrate commences the hearing of proceedings and part of the evidence has been recorded by his predecessor, the accused person may demand that any witness be resummoned and reheard and the succeeding…
Division and case type: CivilCivil Case
…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…
Division and case type: Constitutional and Human RightsPetition
…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.…
Division and case type: CivilMiscellaneous Civil Application
…Regarding stay of execution Order 42 Rule 6 of the Civil Procedure Rules governs the conditions to be met by a party to the proceedings seeking stay of execution of the Judgment.…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CivilCivil Case
…As I understand it, leave to appeal from an order in civil proceedings will normally be granted where prima facie it appears that there are grounds of appeal which merit serious judicial considerations but where, as in the…
Division and case type: Constitutional and Human RightsElection Petition
…(ix) Rule 29 of the Elections (Parliamentary and county Election)Petition Rules, 2017 provides thus: 1) the parties to the proceedings may apply for scrutiny of the votes for purposes of establishing the valid votes cast…
…Rule 29 of the Elections (Parliamentary and County Elections) Petition Rules, 2017 provides as follows:- "Scrutiny of votes (1) The parties to the proceedings may apply for scrutiny of the votes for purposes of establishing…
Division and case type: CivilCivil Appeal
…over 9 years later, the applicant filed an application by notice of motion under Section 3A Civil Procedure Act for directions regarding the hearing of the appeal and for an order that the appeal be heard without copies of proceedings…
Division and case type: CivilCivil Case
…LAIKIPIA/NYAHURURU/1950 and in default execution proceedings to issue.…
Division and case type: Constitutional and Human RightsElection Petition
…(ix) Rule 29 of the Elections (Parliamentary and county Election)Petition Rules, 2017 provides thus: 1) the parties to the proceedings may apply for scrutiny of the votes for purposes of establishing the valid votes cast…
…Rule 29 of the Elections (Parliamentary and County Elections) Petition Rules, 2017 provides as follows:- "Scrutiny of votes (1) The parties to the proceedings may apply for scrutiny of the votes for purposes of establishing…
Division and case type: CriminalCriminal Appeal
…Further order of September 26, 1985 for the invasions position in which they are placed, but the rival claims to it are matters which should be the subject of civil proceedings, and do not fall within the jurisdiction of…
Division and case type: Constitutional and Human RightsElection Petition
…That pending the hearing of this application all proceedings be stayed. And 3. That the petitioner do pay the costs of the first respondent in Respect of the Petition as well as of this application.…
…there should be a petition against him or stating that the intends to act for himself and in either case giving an address in Kenya at which notices addressed to him may be left or if no such writing is left all notices and proceedings…
Division and case type: CivilCivil Appeal
…Moreover, said Mr Njuguna, how could it be that this agreement of sale, Ex 3, dated 25th May, 1987, showed the vehicle was purchased from one Kiptum Kipchumba David, who did not otherwise feature in the proceedings and whose…
Division and case type: CivilCivil Appeal
…Platt JA This appeal has been brought from an assessment of damages in ex parte proceedings, due to the default of appearance of the second respondent.…
Division and case type: CivilCivil Appeal
…The evidence which was adduced in the proceedings for assessment of damages was specifically for that purpose and for none other.…
Division and case type: CivilCivil Appeal
…The mischief against which all limitation Acts are directed is delay in commencing legal proceedings; for delay may lead to injustice, particularly where the ascertainment of the relevant facts depend on oral testimony.…