Case law
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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.…
Division and case type: CivilCivil Case
…All execution proceedings against the second are also set aside. The second defendant will file her appearance and defence, both, within the next 15 days.…
…I make no order as to costs as the second defendant could have moved Court to set aside judgment last year when she became aware of these proceedings.…
Division and case type: CriminalCase number Criminal Revision
…There must of course exist a nuisance of the nature described for the Section to apply, since the proceedings are based upon the notice.…
…If the court is, prima facie satisfied that a nuisance has been proved to exist such as renders the premises unfit for human habitation whether or not there is a conviction, it should adjourn further proceedings so as to…
Division and case type: CivilCivil Appeal
…The appellant through his advocate in opposing the application has deposed that the delay in setting the appeal down for hearing has been occasioned by the failure of the court to avail the proceedings of the trial court…
…I have seen the letters written by counsel for the appellant seeking proceedings from the lower court and one from the Deputy Registrar of this court dating back to November, 2009, the appellant having paid for them over…
Division and case type: COMMERCIAL DIVISIONCivil Suit
…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.…
Division and case type: CivilMiscellaneous Application
…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.…
Division and case type: Constitutional and Human RightsPetition
…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.…
Division and case type: CivilMiscellaneous Application
…In these proceedings he is in his individual and private capacity. He is therefore being represented by another advocate of this court, Mr Mureithi Kibe.…
…in these proceedings MR PRASAD, a State Counsel, in the Attorney General's Chambers conducted the Respondent's case.…
Division and case type: Commercial and TaxInsolvency Cause
…He said it was the duty of the High Court to ensure that the proceedings in bankruptcy are proper right from the start.…
…had appeared for the appellant was permitted to withdraw from the proceedings.…
Division and case type: CriminalCriminal Appeal
…We have considered the argument and the principle referred to by counsel and we agree that an accused person has a right of representation by an advocate of his choice when proceedings began on June 27, 1983.…
…We are not in a position to say whether or not a notice was sent to defence counsel or that the magistrate was urged by the appellant to continue with the proceedings other than that the magistrate recorded the position as…
Division and case type: CivilCivil Case
…But that was outside the disciplinary proceedings which the Defendant was taking against the Plaintiff.…
…The Plaintiff, at the time of disciplinary proceedings in the hands of the Defendant held the substantive post of Senior Community Development Officer in the Housing Development Department.…
Division and case type: FamilySuccession Cause
…The proceedings to obtain the grant were defective in substance. b. The grant was obtained fraudulently by making of a false statement and by concealment from the court of something material to the case. c.…
…During the hearing at the adjourned date the petitioners’ Advocate applied for adjournment and application for adjournment was denied for reasons recorded elsewhere in these proceedings.…
Division and case type: Environment and LandCivil Suit
…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.…
Division and case type: CivilCivil Suit
…Firstly, it must be shown that there was either a legal reason for instituting criminal proceedings nor was the prosecution for public benefit but rather for personal and spiteful reasons.…
…The plaintiff did not, however, call evidence to show that the criminal proceedings were ill motivated. The circumstances leading to the loss of the tyre excited suspicion against him as the thief.…
Division and case type: GeneralUnclassified
…I have considered the application, the grounds of appeal and the proceedings. At this stage I can only state that the appeal raises arguable issues.…
Division and case type: CivilCivil Suit
….….DEFENDANT RULING The defendant has brought this application under section 6(1) of the Arbitration Act and order 50 rule 1 of the Civil Procedure Rules for an order of this court to stay the proceedings in the suit.…
…That the proceedings in this suit be stayed until the matter has been referred to arbitration and determined or further orders of this court. 2.…
Division and case type: CriminalCriminal Appeal
…That section reads 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 called as a witness does not, in the opinion…
…given upon oath, if, in the opinion of the court or such person, he is possessed of sufficient intelligence to justify the reception of the evidence, and understands the duty of speaking the truth, and his evidence in any proceedings…
Division and case type: CivilCivil Suit
…The Chief made the elders sign or thumb print the paper before the proceedings began and he then had typed out his version of what happened which was incorrect.…
…Mr Ngubuini referred to matters, which he submitted vitiated the arbitration proceedings. The Chief was related to this family and gave no reasons for his casting vote. He made no allegations against the arbitrators.…
Division and case type: Milimani Commercial CourtsCivil Case
…This time no Will appears to have been mentioned and nothing was said about proceedings in Probate and Administration Cause No. 342 of 1987.…
…Throughout the proceedings before the elders, no evidence was adduced to give sufficient particulars of the disputed parcel of land it being referred to simply as “a shamba 2.5 acres” so that if the court subsequently adopts…
Division and case type: CriminalCriminal Appeal
…The proceedings indicate that the prosecution invoked the provisions of Section 77 of the Evidence Act. The medical evidence of PW6 corroborates the evidence of the complainant.…
…:- Notwithstanding the provisions of section 19 of the Oaths and Statutory Declarations Act (Cap. 15), where the evidence of the alleged victim is admitted in accordance with that section on behalf of the prosecution in proceedings…