Judgment
Case law
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Division and case type: CivilCivil Case
…No suit should be summarily dismissed unless it appears so hopeless that it plainly and obviously discloses no reasonable cause of action and is so weak as to be beyond redemption and incurable by an amendment.…
…If a suit shows a mere semblance of a cause of action, provided it can be injected with real life by amendment, it ought to be allowed to go forward for a court of justice ought not to act in darkness without the full facts…
Division and case type: Constitutional and Human RightsPetition
…CONSTITIUTION OF THE REPUBLIC OF KENYA IN THE MATTER OF: THE ALLEGED CONTRAVENTION OF THE FUNDAMENTAL RIGHTS AND FREEDOMS UNDER SECTION 70,72,75 & 78 OF THE CONSTITUION OF KENYA IN THEMATTER OF: THE CONSTITUTIONAL REVIEW AMENDMENT…
…nugatory.He said that the application must be heard and a ruling given before 7.01.10 since the CoE must present their report to the 3rdRespondent by 7.01.2010 under the provisions of Section 32 of the constitution Review Amendment…
Division and case type: CriminalCriminal Appeal
…Count 2: Being in possession of a firearm contrary to S. 4(1) of the Firearms Act as read with Firearms (Amendment) Act No. 8 of 1988.…
Division and case type: CivilCivil Appeal
…These being the amendments, what effect do they have? In the first place, it is obvious that the terms and setting of the exclusion clauses in both contracts must control the inquiry into these problems.…
…Although Mr Gautama refused to speculate on the effects of the amendments on the plaintiff’s case, in our opinion it is certain that no new facts can profitably arise.…
Division and case type: CivilCivil Case
…To this submission the State Counsel pointed to the Criminal Law (Amendment) Act No 5 of 2003 section 193A dealing with “concurrent criminal and civil proceedings” which states: “Notwithstanding the provisions of any other…
…Regarding Criminal Law Amendment section 193A there is here no case for stay or delaying criminal proceedings. It is clear that the lower court criminal case was closed. No plea was taken.…
Division and case type: Constitutional and Human RightsElection Petition
…(xvii) THAT I aver and affirm that his Honourable Court has no mandate to grant an amendment of the petition unless an amendment is made within twenty eight (28) days.…
…(xxv) THAT an amendment outside the stipulated twenty eight (28) days is improper.…
Division and case type: Constitutional and Human RightsElection Petition
…(xvii) THAT I aver and affirm that his Honourable Court has no mandate to grant an amendment of the petition unless an amendment is made within twenty eight (28) days.…
…(xxv) THAT an amendment outside the stipulated twenty eight (28) days is improper.…
Division and case type: CivilCivil Case
…As the amendment to the defence raising the Barraclough v Brown issue was raised by the Court at a very later stage, I award the defendants 1/3 of his costs.…
Division and case type: CriminalCriminal Case
…He therefore asserted that on 30th June, 2020 when the said witness testified and disclosed the place where the offence took place, the Director of Public Prosecutions (DPP) had a duty to make an amendment to the charge.…
…Masila submitted that under Section 214 of the (CPC), amendment of a charge can be made at any time before the closure of the prosecution case.…
Division and case type: CivilCivil Appeal
…For the respondent, on the other hand, it was argued that the plaintiff persisted to the end that the plaint was right and that there was no need for an amendment.…
Division and case type: CriminalCriminal Appeal
…Perhaps amendment to provide for one concept of handling would be useful. Dated and delivered at Mombasa this 21st day of July, 1987.…