Case law
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Division and case type: CivilCivil Appeal
…I have read the notes of proceedings before the Court including judgments of the three Hon. Judges of a Appeal, and considered the general conduct of the matter before the Court.…
Division and case type: CivilCivil Appeal
…Gideon Gitau Ndatha (the appellant) filed proceedings against Rosaline Mary Osborn (the respondent) to recover damages for personal injuries alleged to have been sustained in a collision involving the appellant and a vehicle…
Division and case type: CriminalCriminal Appeal
…appellant was arrested on 5th April, 2003, he was not presented before the Court for plea until 14th October, 2003 and that indeed the information on record herein and dated 24th September, 2003 was intended for committal proceedings…
…But we are aware that by then the law had been amended in July, 2003 to remove the process of committal proceedings.…
Division and case type: Anti-CorruptionPetition
…That the Consent Orders made in the presence and consent of Counsel are binding on all parties to the proceedings and cannot be varied or discharged unless done so by consent or unless they were obtained by fraud or collusion…
…I say so because Under Article 157(6) of the Constitution, it is within the mandate of the 2nd Respondent to institute criminal proceedings against any person including the Petitioner and on 17th July 2014 I ordered the Petitioner…
Division and case type: CivilMiscellaneous Application
…appellant was arrested on 5th April, 2003, he was not presented before the Court for plea until 14th October, 2003 and that indeed the information on record herein and dated 24th September, 2003 was intended for committal proceedings…
…But we are aware that by then the law had been amended in July, 2003 to remove the process of committal proceedings.…
Division and case type: CivilCivil Appeal
…I have read the notes of proceedings before the Court including judgments of the three Hon. Judges of a Appeal, and considered the general conduct of the matter before the Court.…
Division and case type: Environment and LandLand Case
…The respondent commenced proceedings in the superior court for damages for breach of contract, specific performance of the contract by execution of all necessary documents, general damages, exemplary damages, interests and…
Division and case type: CriminalCase number Criminal Application
…July, 1996 when the Office of the Attorney-General learnt of the demand letter of release of the money forfeited to the Central Bank of Kenya and 22nd October, 1996, such explanation being the non-receipt of copies of the proceedings…
Division and case type: Milimani Commercial CourtsCase number Civil Application
…The defendant has been granted leave to bring into the proceedings as third-parties Afrocox Co Ltd (hereinafter called “Afrocox”) and Ashford Laboratories Ltd (hereinafter called “Ashford”) because Afrocox purportedly acting…
Division and case type: CriminalCriminal Appeal
…Before I consider her various grounds of appeal, I will set the stage with a very brief summary of the evidence, which is recorded in great detail in the proceedings before the learned magistrate.…
Division and case type: CivilCivil Case
…If it is true the Plaintiff and her husband had any interest in that piece of land, they or one of them could have sought to be made a party I the Succession Cause or should have raised objection to the proceedings.…
…Further Order: Parties may obtain copies of the proceedings and of the Judgment from the Registry on payment. J.M. KHAMONI JUDGE…
Division and case type: CivilCivil Appeal
…From this point, the record shows, the meeting degenerated into a bedlam making it impossible for the Town Clerk to make a record of the proceedings.…
…The types of reliefs available in judicial review proceedings are certiorari, prohibition, mandamus, claims for a declaration or injunction and for damages.…
Division and case type: CriminalCriminal Appeal
…July, 1996 when the Office of the Attorney-General learnt of the demand letter of release of the money forfeited to the Central Bank of Kenya and 22nd October, 1996, such explanation being the non-receipt of copies of the proceedings…
Division and case type: Milimani Commercial CourtsCivil Suit
…The power to strike out proceedings for abuse of court process is discretionary. In this case, the abuse complained of was beyond Plaintiff/Respondent’s control.…
Division and case type: CivilCivil Appeal
…The record of proceedings so far, show that with respect to the interjection of the objection.…
Division and case type: CivilCivil Suit
…However, as soon as the 2nd respondent wrote to the applicants threatening them with court action unless they surrendered their licences, they instituted these proceedings, to pre-empt the said threatened action.…
…Lord Wilberforce in Calvin vs Carr (supra) said at letter C page 451: “That the court in exercise of its discretion when reviewing the domestic or statutory decision should take into account all the proceedings which led…
Division and case type: CivilCivil Appeal
…The First respondent led a notice of appeal and applied for the proceedings in order to le the intended appeal. The second respondent did nothing on the decision. 4.…
…, although it was duly stamped after the institution of proceedings.…
Division and case type: CivilCivil Case
…I nonetheless uphold the preliminary objection on different grounds namely that an injunction does not apply to a local government authority and that these proceedings ought to have been instituted by way of a judicial review…
Division and case type: Constitutional and Human RightsPetition
…When this happens, the receiver continues to act in exercise of his receivership powers but no longer as agent of the company, and the liquidator will watch over proceedings on behalf of other creditors of the company until…
Division and case type: CivilCivil Case
…But in interlocutory proceedings such as the present application, I am not prepared to say that the plaintiffs are therefore precluded from challenging the lawfulness of the decision of the Governing Council.…