Case law
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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: 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 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.…
Division and case type: CivilCase number Civil Application
…On July 9, copies of proceedings and ruling were bespoken. Unfortunately, Mr Gikandi failed to copy this request to the respondent.…
…But the proceedings were received on August 28, 1987 and sent back for correction. They were finally received on September 7, 1987. The full 60 days had been sent on July 7, 1987.…
Division and case type: CriminalCriminal Appeal
…The Oaths and Statutory Declarations Act Cap. 15 at S. 19provides as follows:- "Where, in any proceedings before any court or person having by law or consent of parties authority to receive evidence, any child of tender years…
…It must be recorded in the proceedings, that the court has taken this step. The cases of Nyasani s/o Bichana v. R. (1958)EA 190 and Kibangeny v.…
Division and case type: Constitutional and Human RightsElection Petition
…The facts leading to these proceedings are brief and straightforward.…
…No proceedings or decision of the Assembly or the Committee of Privileges acting in accordance with this Act shall be questioned in any Court.” 17.…
Division and case type: Constitutional and Human RightsElection Petition
…The facts leading to these proceedings are brief and straightforward.…
…No proceedings or decision of the Assembly or the Committee of Privileges acting in accordance with this Act shall be questioned in any Court.” 17.…
Division and case type: CivilCivil Suit
…Accordingly none of the parties to it or any other person would adduce them in evidence in subsequent proceedings without the consent of the parties to it.…
…policy of the law that disputes should be amicably settled, where possible, and parties be at liberty to freely admit certain facts to facilitate a settlement without the fear of them being used against them in subsequent proceedings…
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: CivilCivil Case
…It is supported by an affidavit sworn on 1.9.93 by learned counsel for the applicant Mr Gikandi Ngibuini in which he deposes that he had studied the proceedings and judgment and was of the view that the appeal has overwhelming…
…interest bearing account in a bank approved by both sides in the joint names of the advocates representing the two parties. (2) The applicant to pay forthwith the respondent’s costs incurred in connection with the execution proceedings…
Division and case type: CriminalCriminal Appeal
…School had been a subject of an intense amount of litigation between the prosecutor and the appellant, and that although the proceedings initiated by the prosecutor and the appellant, and that although the proceedings initiated…
Division and case type: Milimani Commercial CourtsCivil Case
…It is evidently clear that in law a suit is defined in section 2 of the Civil Procedure Code to mean “all civil proceedings commenced in any manner prescribed''.…
…He is still a party to the proceedings and so the application is in order and he has locus standi.…
Division and case type: CivilCivil Case
…Consequently the police are completely out of these proceedings.…
…These are: (i) That the proceedings were instituted or continued by the defendant; (ii) That the defendant acted without any reasonable and probable cause; (iii) That the defendant acted maliciously and (iv) That the proceedings…
Division and case type: CivilCivil Appeal
…Platt J exercising the discretion of the court, refused to stay the proceedings. Hence this appeal.…
…The issues for determination by Platt J on the motion for a stay of the proceedings were identical in each case.…
Division and case type: CivilCivil Appeal
…17th day of July, 1996 in H.C.C.C NO. 2523 & 533 OF 1982) ********************* RULING OF THE COURT The present application seeks several orders namely that the appeal filed by the respondent be struck out, that contain proceedings…
…and orders of the superior court to set aside, that a Receiver appointed in respect of the applicant company do file proofs of debt and stay of proceedings.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…The object of the examination is to discover the true subject matter of the court proceedings to identify it either as a land matter or a constitutional matter for the enforcement of the Bill of Rights.…
…that the proceedings should for any reason be continued as if the case 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…
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: Employment and Labour Relationsmiscellaneous cause
…This court then started by joining the 2nd respondent in the proceedings and then went on to hear the prayer to set aside the orders of 1.9.04. Ms Kasmani told the court, and Mr.…
…this it can be summed up that even if the 2nd respondent was supposed to come from prison (where he was and is still on some criminal matters), for being served on 26-7-04, there is no way he could have participated in the proceedings…
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: CriminalCriminal Appeal
…The question that arises is how, as an appellate court, shall we proceed to determine the question and whether we are entitled to go beyond the record of the proceedings of the court below.…
…Since there is no material, except the record of the proceedings, on which we can judiciously determine the question, we must go by the record and accept as true the position stated therein.…