Case law
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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 Appeal
…only co-ordinates and facilitates the deliberations of the said proceedings. 50.…
…According to the applicants the impeachment proceedings were conducted by the County Assembly, and within its Chambers.…
Division and case type: CivilCivil Appeal
…He thought that he could not bring proceedings until the persons found by the magistrate to have been responsible for the death of his son had been charged with a criminal offence.…
…It would appear that notwithstanding the provisions of section 27 of the Act, the question whether or not the plaintiff was entitled to the extension can only be challenged in the proceedings.…
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: CivilCase number Civil Application
…Mwaniki’s firm of advocates was appointed to act for the applicant in place of the former advocate who filed notice of appeal, the latter advocates, on perusal of the proceedings and the ruling of the superior court, realized…
…Majanja, on his part opposed the application on the main reason that the intended appeal was a non starter as in any case, the applicant had not written a letter to the Court bespeaking the proceedings as is required by the…
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: CivilCivil Appeal
…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.…
Division and case type: GeneralUnclassified
…This application before us is for stay of proceedings in the superior court pending the hearing and determination of an intended appeal. There is nothing however to stay under rule 5(2) of the Rules of this court. Mr.…
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: GeneralUnclassified
…DAMJI PATTNI.........................APPLICANT AND NASIR IBRAHIM ALI DINKY INTERNATIONAL SA WORLD DUTY FREE COMPANY LIMITED KENYA DUTY FREE COMPLEX................................RESPONDENTS (Application for stay of all proceedings…
Division and case type: GeneralUnclassified
…Akhaabi, advocate for the applicants, that he applied for certified copies of the proceedings and judgment on October 22, 1991 he stated from Bar that he had in fact applied for them on July 3, 1990.…
…There is, however, no satisfactory account of the time that has lapsed between January, 1992 up to December 1992 when copies of proceedings were collected. This is almost a whole year.…
Division and case type: CivilMiscellaneous Application
…Since the arbitration was already in being and unless stopped, will be heard on the 18th, 19th and 24th April of this year, Mr Nagpal submitted that the arbitration did not depend in any way on the proceedings before the…
…There have been two recent cases in which this court has said that issues not before the High Court on an Originating Summons should not be decided n proceedings before it, namely Kenya Commercial Bank v James Osebe, Civil…
Division and case type: CivilCivil Appeal
…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.…
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: CivilCivil Appeal
…Issue No. 7: The proceedings were an abuse of court process since the grounds relied on in Misc. 646/04 are relitigated in Misc. 946/04.…
…It is an abuse to bring vexatious proceedings i.e two or more set of proceedings in respect of the same subject matter which amount to harassment of the defendant in order to make him fight the same battle more than once…
Division and case type: CivilCivil Appeal
…whether the learned judge of the superior court was right when, upon the preliminary objection being raised before the trial on behalf of the Respondent, the Defendant in the suit, he had ruled that leave to institute the proceedings…
…Now, when a judge of the superior court grants leave ex parte, under the Limitation Act to institute proceedings which can be challenged at the trail, he in a way, does no more that a judge does when he for instance, grants…