Judgment[1989] KECA 51
Case law
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Division and case type: CivilCivil Appeal
…By his principal submission, he contends that by virtue of Order 5 rules 9 and 12 of the Rules, there was no valid service of summons to enter appearance and that therefore the proceedings ex-parte were null and void ab initio…
…Accordingly in my view there was no valid service of the summons to enter appearance and therefore the proceedings exparte must be rendered null and void ab initio.…
Division and case type: CivilCivil Appeal
…As it does not, the appeal must be allowed, as the agreement for sale became null and void.…
…It was not a matter which could be allowed to go to arbitration since the arbitrators cannot declare the contract valid which a statute of Parliament has declared to be null and void. 11.…
Division and case type: CivilMiscellaneous Application
…(1) a declaration that the Bank and KCFC were not entitled to demand payment of the money secured by the debentures before IFC released the loan to the company; (2) a declaration that the appointment of the receivers is null…
…and void and that each is a trespasser on the company’s premises; (3) an injunction to restrain the receivers from breaching the implied conditions of the debentures; (4) a perpetual injunction to restrain the defendants…
Division and case type: CivilCivil Suit
…(1) a declaration that the Bank and KCFC were not entitled to demand payment of the money secured by the debentures before IFC released the loan to the company; (2) a declaration that the appointment of the receivers is null…
…and void and that each is a trespasser on the company’s premises; (3) an injunction to restrain the receivers from breaching the implied conditions of the debentures; (4) a perpetual injunction to restrain the defendants…
Division and case type: Environment and LandCivil Appeal
…Temu, SPM Nyando was without jurisdiction and was null and void. 30. Accordingly, the entire proceedings, Ruling and Certicate of Taxation all emanating from Nyando SPM Misc.…
Division and case type: CivilCivil Appeal
…of trespass had to be heard by elders, that because the sale agreement was not signed by Samson Luwayi, the appellants were sued before the magistrate as trespassers who had partly performed under a contract which became null…
…and void as a result of which the appellants became trespassers with John Onyango as a trespasser ab initio.…
Division and case type: CriminalCriminal Appeal
…The Petitioner seeks amongst other orders a declaration that the process of seeking building approvals by the 1st, 2nd and 3rd Respondents from the 4th Respondent is was unlawful, irregular and null and void ab initio.…