Case law
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Division and case type: CivilCivil Appeal
…not been certied as a matter of general public importance in the terms of Article 163(4) (b) of the Constitution; (c). the application is fatally defective, as no leave was sought as contemplated under Section 15, and in compliance…
…We have taken into account the weighty submissions made for the respondents, regarding the essential principle of compliance with Orders issuing from a Court of law, just as we have closely adverted to the applicants’ case…
Division and case type: CriminalCase number Criminal Application
…for the appellant takes the point that the learned Judge erred in law in relying on a statement made to a Police Ocer as to the destination of the wheat when such a statement, even if it was made, had not been made in compliance…
Division and case type: CivilCivil Appeal
…In compliance with the provisions of section 6 of the Act, the appellant after entry of appearance and without being required to file its defence, properly obtained by consent, stay of proceedings of the suit filed by the…
…It must also not be forgotten that in compliance with the provisions of section 6 of the Act, stay had been ordered before the appellant filed its defence, and it would be unreasonable to fix a hearing date without even giving…
Division and case type: CriminalCriminal Appeal
…That failure amounted to non-compliance with the mandatory provision in S. 344A(1) of the Criminal Procedure Code.…
Division and case type: CriminalCriminal Appeal
…This is a condition precedent to the proper reception of unsworn evidence from a child, and it should appear upon the face of the record that there has been a due compliance with the section.”…
Division and case type: Constitutional and Human RightsConstitutional Petition
…Jurisdiction of the court must therefore be established before the invocation of Article 159 principle to excuse strict compliance with the technical procedure for the exercise of such jurisdicton.…
Division and case type: CriminalCriminal Appeal
…If on the other hand there was case, then the court would comply with the requirements of section 211 of the Criminal Procedure Code, making sure that such compliance is fairly recorded in the case record and proceed to give…
Division and case type: Constitutional and Human RightsElection Petition
…I also note that the Act and the rules do not provide for the consequences arising for the non compliance with the provisions and therefore there is no right to have the petition struck out.…
Division and case type: CivilCivil Appeal
…It was Mr Inamdar’s submission before us that the adavit Mr Johnson Robert Kariuki sworn on 5th December, 1988, was manifestly defective for lack of compliance with the mandatory provisions of RSC 0.75 r 5 (4) and (9).…