Case law
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Division and case type: CivilCivil Appeal
…It is further submitted that dismissal for want of prosecution is not available since directions have not been taken.…
…In the first situation, if within 3 months after the giving of directions the appeal has not been set down for hearing by the appellant, the respondent may elect either to set it down for hearing himself or apply for its dismissal…
Division and case type: CivilCivil Appeal
…The dismissal of an action for the failure to supply particulars imposes a drastic penalty.…
…The dismissal of an action at an interlocutory stage is a very serious matter and may well work serious injustice.” With respect the learned judge erred.…
Division and case type: CivilCivil Appeal
…The reasons given for such dismissal were that the appellant was rude to customers, was guilty of insubordination and had once (on 29th June, 1991) used abusive language to the manager under whom he worked.…
…The reasons for dismissal were eventually not in issue as the learned judge in the superior court (Rimita J.) correctly held that the appellant (despite such alleged wrongful dismissal) was paid his full terminal dues, that…
Division and case type: CivilCivil Appeal
…I therefore set aside her dismissal order and substitute there to an order for Judgment of 7,000/= for the plaintiff plus interest at court rates from the date of filing which was on 2.12.1992 until6.4.93 when the same was…
…Respondent paid a substantial part of the claim immediately the suit was filed, the appellant will have 3/4 costs in the lower court and half costs on appeal. (4) The rest of the claim was rightly dismissed and I confirm the dismissal…
Division and case type: CivilCivil Appeal
…That this act amounted to negligence on his part to warrant the dismissal of the application to set aside ex-parte judgment.…
Division and case type: CivilCivil Suit
…(c) General damages for wrongful dismissal and breach of contractreached on 10th April, 1996. (d) A declaration that the letter dated 17th April, 1996 giving theplaintiff one month notice is irregular.…
Division and case type: CivilCivil Case
…If the court allowed the Plaintiff’s application it would amount to a summary dismissal of the counter claim which would be a legal absurdity.…
Division and case type: CriminalCriminal Appeal
…APPELLANT VERSUS REPUBLIC………………….RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Nyeri, Abdullah J dated 22nd September 1989 in High Court Criminal Appeal No 96 of 1989) JUDGMENT Following the dismissal of…
Division and case type: CriminalCriminal Appeal
…APPELLANT VERSUS REPUBLIC………………….RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Nyeri, Abdullah J dated 22nd September 1989 in High Court Criminal Appeal No 96 of 1989) JUDGMENT Following the dismissal of…
Division and case type: CivilCivil Appeal
…The appellant appealed against the dismissal of his application, which he had taken under section 28 of the Limitation of Actions Act (cap 22), seeking leave to commence on action in tort for damages on account of the negligence…