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…The appellant then instituted these proceedings for the recovery of salary for 12 months.…

…Upon our consideration of the proceedings in the two lower courts and hearing the submissions of the appellant we cannot find any such error. In the result this appeal is ordered to be dismissed with costs.…

…Before Mr Nowrojee responded to Mr Kilonzo’s reply, Mr Mbaya rose to press for costs in these proceedings.…

…Mr Kilonzo had posited that since the 2nd and 3rd respondents filed no papers in these proceedings then they were not entitled to costs in the event this application was not successful.…

…In his 7 grounds of appeal the appellant challenged the conviction and sentence contending, inter alia, that the proceedings were a nullity as the appellant’s right under section 72 (2) (b) of the Constitution had been violated…

…The bankwas made a party to execution proceedings. It is true that Mr. Gatonye orally applied for leave to appeal on1/10/98 after the Ruling was read. It is also true that Mr.…

…The bankwas made a party to execution proceedings. It is true that Mr. Gatonye orally applied for leave to appeal on1/10/98 after the Ruling was read. It is also true that Mr.…

…The court appears to have adjourned the proceedings to 12.2.99.…

…PW 2 No 58868 Pc Francis Wambua stated at page 7 of the proceedings:- “Later I prepared an exhibit memo form and took 29 samples ........ To the Government Chemist...............…

…it is necessary for the determination of the real matter in dispute to do so, order any other person to be substituted or added as plaintiff upon such terms as the court thinks fit. (2) The court may at any stage of the proceedings…

…Under sub-rule (2) the judge could at any stage of the proceedings, “either upon or without the application of either party,’ exercise his discretion and order the substitution of the proper party.…

…section 10, on the other hand provides as follows: “No sum shall be payable by an insurer under the foregoing provisions of this section if, in an action commenced before, or within 3 months after the commencement of the proceedings…

…specifically the right of the plaintiffi in the original action to be given Notice by the Insurance Company of its intention to seek a declaration to avoid the policy and the plaintiff’s right to be made a party to these proceedings…

…Order 75, (the Order), the Supreme Court Practice, 1988 of England had provided for admiralty proceedings.…

…Where a court had no jurisdiction, there would be no basis for a continuation of proceedings pending other evidence.…

…I am told that the applicant's counsel, in those circumstances, took it to mean that the applicant had 60 days to file the record of appeal from the date the applicant's counsel received copies of proceedings and ruling which…

…As the copies of proceedings and ruling were applied for on 17th March, 1997 (Ruling of Mbito, J having been delivered on 22nd day of February, 1997) the applicant had the benefit of the proviso to rule 81(1) of the Rules…

…Applying those principles to the instant case, requires a look at the pleadings, proceedings and judgment in the former case, and a look at the pleadings and issues in the present case. What I find is this.…

…Middlesex Justices Ex parte Bond [1933] 2 K B I at p 9; that the development of fresh circumstances (as distinguished from a mere discoverey of fresh evidence on matters which have been open for controversy in the earlier proceedings…

…After the arrest of the Appellants, extradition proceedings were conducted by a Tanzanian Court which was allowed and they were handed over to C.I Cheruiyot (PW18).…

…The 1st Appellant therefore asked the Learned Trial Magistrate to stay the proceedings so that the Tanzanian High Commissioner in Kenya could arrange for them legal representation.…

…Chunga invoked the revisionary jurisdiction of the High Court and having done so the parties to the proceedings before Patel, J were the appellant and the Republic.…

…By virtue of section 361 (7) the proceedings before Patel, J are deemed to have been conducted pursuant to the appellate jurisdiction of the High Court and accordingly the appellant who was a party to the proceedings before…

…The applicant has copies of the proceedings, rulings and orders in the matter before the High Court, which he asked for on May, 4, and copied his letter to the Law Society so it knows the applicant is appealing.…

…He has not referred to section 63 of the Civil Procedure Act (cap 21) which summarises the general powers of the court in regard to interlocutory proceedings. It provides, inter alia – “63.…

…I agree, with respect, that, the court as trustee of both parties should have ensured that the rights of the parties were protected in these proceedings.…

…Section 176 of the Evidence Act provides:- “Subject to this Chapter a copy of any entry in a banker’s book shall in all legal proceedings be received as prima facie evidence of such entry, and of the matters transaction and…

…Mr Khaminwa had submitted on behalf of the appellant in the superior court that in determining whether or not a plea was unequivocal, the Court should not confine itself to the record of proceedings but should also take into…

…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.” (underlining ours).…

…The oral application made by the children’s officer, without any affidavit in support denied the appellant an opportunity of challenging the whole proceedings. The procedure adopted was wrong.…