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…If the court allowed the Plaintiff’s application it would amount to a summary dismissal of the counter claim which would be a legal absurdity.…

…Against that dismissal, the appellant appeals to this court and has put forward seven grounds of appeal.…

…This appeal from the dismissal of the appellant’s Originating Summons is based on 7 grounds which can be condensed as following:- 1.…

…Rustam Hira who then appeared for the respondent herein in the superior court as he does in this Court is recorded to have said: “Seek review of the dismissal of 26th June, 1998.…

…However, the dismissal was referred to the full court (Madan, Miller and Potter, JJA) which reference was also dismissed on December 3, 1981.…

…The defendants therefore pray for the dismissal of the plaintiff’s suits. The two plaintiffs and another man called Abdi Mohamed were employed by one Galgalo Boru as herdsmen.…

…APPELLANT VERSUS REPUBLIC………………….RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Nyeri, Abdullah J dated 22nd September 1989 in High Court Criminal Appeal No 96 of 1989) JUDGMENT Following the dismissal of…

…APPELLANT VERSUS REPUBLIC………………….RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Nyeri, Abdullah J dated 22nd September 1989 in High Court Criminal Appeal No 96 of 1989) JUDGMENT Following the dismissal of…

…In my view, the question of ownership was nally determined by the dismissal of the appeal led by Ayub Wasike before the Kakamega African Court of Appeal in Land Case No 336 of 1957.…

…reasoning and conclusion applies equally to a “judgment pronounced” against a plainti under r 178 of the Rules of court, that such judgment must be deemed to be a decision on the merits and must have the same eect as a dismissal…

………………RESPONDENTS (Appeal from the High Court at Nairobi, Shields J) JUDGMENT This is an appeal from an order which Shields J made upon the dismissal of the appellants’ application by chamber summons under order 39 rule 1…

…Anwar Kipngetich appeals against the dismissal by the High Court (O’Kubasu J) of his appeal from decision of the R M Makadara to convict him of the offence of robbery contrary to section 296 (1) of the Penal Code.…

…It is manifestly clear to us that this case falls within the second category of case, viz where the judges are alleged to have failed to act impartially, or had an interest in the outcome of the appeal - its dismissal.…

…This dismissal follows the striking out of the plaint leaving no sub-stratum for the application.…

…He also gave leave to the company to publish dismissal of the winding up petition by way of not more than two advertisements in any Kenya newspaper.…

…Expanding on the reasons given by Sachdeva J for his decision he held that Mr Brahmbhatt’s application, involving as it did the effective freezing of the company’s assets of over 11 million shillings, and the possible dismissal…

…NO. 211 OF 2011) ************************ JUDGMENT OF THE COURT Background [1] Antony Musasha Lubanga, (the appellant) is before us in this second appeal in which he challenges the dismissal of his first appeal by the High…

…The judge dismissed the application and the appellant appeals against that dismissal.…

…Besides, the learned trial judge’s dismissal of the appellant’s defence out of hand led to a miscarriage of justice considering that he found the appellant guilty of murder despite the unanimous opinion of the assessors that…

…This dismissal follows the striking out of the plaint leaving no sub-stratum for the application.…

…Criminal Appeal No. 316 of 2004, and the Court of Appeal in Criminal Appeal No. 363 of 2006, each dismissed the appellant’s appeal, upheld the appellant’s conviction, and confirmed the death sentence. [2] After the dismissal…

…On that day, the learned counsel for the plaintiff punctually and dutifully attended court, while the counsel for the defendants arrived late while the plaintiff’s counsel was already making his submissions for the dismissal…