Search court decisions

…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.…

…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.…

…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,…

…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.…

…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.…

…Although dealing with service under rule 15, the Court was emphatic that there being no personal service and the advertisement in the gazette being out of time, the proceedings were a nullity.…

…Failure to serve within the stipulated 10 days renders any consequential proceedings a nullity. In our view the subrule is complete and positively states what to be done by who, on who and in which time span.…

…He states that there has been previous proceedings and that the subject matter of the suit does not exist as plaintiff has sub-divided the land sold some parts and retained others.…

…There has been previous proceedings. In Meru High Court Civil Appeal No. 22/88.…

…Section 9(3) of the Law Reform Act reads: “(3) In the case of an application for an order of certiorari to remove any judgment order decree conviction or other proceedings for the purpose of its being quashed, leave shall…

…It has been referred to as a chamber application throughout the typed proceedings of the Superior Court before us and we have to go by the proceedings before the Superior Court.…

…reason for non action in these matters has been blamed on the applicant's previous advocate Onyango Otieno who though he filed a notice of appeal within time, had let the applicants down in not collecting the record of proceedings…

…For though the proceedings and judgment were paid for on 18th February, 1997 and were ready for collection on 6th March, 1997, they were not collected until 18th August, 1997, when the applicants had again instructed a third…

…Unfortunately, Hariben died on July 3, 1980, with the result that there was a consent order in the High Court substituting Ranchod, as administrator of the Estate of Hariben, as second defendant, and, the proceedings before…

…Under section 2 of the Civil Procedure Act, “suit” means all civil proceedings commenced in any manner prescribed.…

…So far as the minute 69/93 is concerned I hereby grant leave to the applicants to apply for its judicial review and further direct that the grant of this leave shall operate as a stay of the proceedings in pursuance of this…

…minute until determination of these proceedings.…

…At the commencement of the proceedings it was agreed by consent that issues of property be dealt with at a later stage either in the same proceedings or in fresh proceedings and hence this judgment deals with dissolution…

…In costs in matrimonial proceedings except where it is shown that she has sufficient separate estate. In this case it has not been shown that the respondent has separate estate.…

…In his affidavit in support of the application he deponed, inter alia, that he was neither served with summons to enter appearance and the plaint nor did he have any notice whatsoever of the proceedings in the suit.…

…That was clearly not true as the record of proceedings before the superior court is clear that the applicant filed a memorandum of appearance in person.…

…A final judgment of a competent Court in any criminal proceedings which declares any person to be guilty of a criminal offence shall, after the expiry of the time limited for an appeal against such judgment or after the date…

…complains about the learned judge awarding a sum of shs.80,000/= under the Law Reform Act when the respondent had not taken out letters of administration for the estate of her deceased husband at the time she instituted the proceedings…

…proceedings before the magistrates, might influence the decision of the magistrates adversely to the applicant.…

…that even a suspicion that there has been an improper interference with the course of justice’ is enough to vitiate the proceedings, an observation which has been invoked as the original of reasonable suspicion test.…

…The second part of the order is not relevant to these contempt proceedings because this court’s order restraining the Corporation from evicting the two applicants from the Post Office staff quarters occupied by either until…

…We are satisfied that Mr Malakwen was not served with the order in such a manner as would render him subject to committal order prayed in the committal proceedings filed on 28th October, 1993.…

…That may be so but once it is brought in the proceedings it has to take part even if passively. To sum it all up I would make the following orders:- 1.…

…That all further proceedings in the superior court are hereby stayed pending the conclusion of arbitration proceedings between the parties (T.S.…

…The 3rd defendant was brought in these proceedings by an amendment of the plaint amended on 19th March 2001. The 3rd defendant filed his defence on 7th May 2001.…

…Order 6 A Rule 5 (1) provides power to amend an error in any proceedings for the purpose of determining the real question in controversy.…

…On the technical front it is clear that the proceedings were commented by plaint. Its mode of presentation automatically brings the proceedings within the provisions of order 7 rules 1 (1), (2) and (3) thereof.…

…The case of Ndegwa Wachira versus Ricarda Wanjiru Ndanjeru (1982) I KAR where it was held inter alia that when a breach of the rules is not fundamental the proceedings will not be set aside.…