Search court decisions

…before or during the trial or in any inquiry the trial or in any inquiry or other, proceedings under this code, unless the error, omission or irregularity has occasioned a failure of justice: Provided that in determining…

…whether an error, omission or irregularity has occasioned a failure of justice the Court shall have regard to the questions whether the objection could and should have been raised at an earlier stage in the proceedings.”…

…The judgment on the counterclaim was set aside and the proceedings continued in a consolidated form and on oral evidence.…

…Any defence that is open to him at the time the application is granted is available to him as if proceedings were first instituted against him at that time.…

…He urged this court not to micro-manage the proceedings before the Trial Court. 15.…

…The lower court proceedings reveal that on 28th January, 2020 the plea against the applicants was taken in Shanzu Law Courts.…

…He urged this court not to micro-manage the proceedings before the Trial Court. 15.…

…The lower court proceedings reveal that on 28th January, 2020 the plea against the applicants was taken in Shanzu Law Courts.…

…Statutes Government Proceedings Act, (cap 40) section 12 October 28, 1985, Bhandari J delivered the following Judgment.…

…the two employees (first and second defendants) of the Ministry of Tourism and Wildlife as game scouts and the Attorney-General (third defendant) who is made a party to the suit in terms of section 12 of the Government Proceedings…

…Notwithstanding the considerable publicity already gathered by these proceedings so far they have come to nought. As this Court is hearing the application de novo its proceedings must be written fully.…

…of law, the Court may, and shall if a party to the proceedings so requests, refer the question to the High Court.”…

…Notwithstanding the considerable publicity already gathered by these proceedings so far they have come to nought. As this Court is hearing the application de novo its proceedings must be written fully.…

…of law, the Court may, and shall if a party to the proceedings so requests, refer the question to the High Court.”…

…PYRETHRUM GROWERS CO-OP LTD & 9 OTHERS…… DEFENDANTS RULING At the opening of the hearing inter partes of an application by the plaintiffs for an injunction, the counsel for the defendants took a preliminary objection to the proceedings…

…itself, some of the relevant factors to take into account include the nature and importance of the course or matter, the amount or value of the subject matter involved, the interest of the parties, the general conduct of the proceedings…

…First, it must be appreciated that in the case of AHMEDNASIR ABDIKADIR & COMPANY ADVOCATES –VSPOSTAL CORPORATION OF KENYA (supra), the taxation of the Advocate/Client Bill of Costs came about in the middle of the ongoing proceedings…

…proceedings.…

…A stay of proceedings is a serious and exceptional remedy because it interferes with the right of a litigant to have proceedings heard and determined without undue delay.…

…She depones that the application fails to meet the threshold for a stay of proceedings and seeks to undermine the public interest nature of the forfeiture proceedings.…

…She stated that there was no justification for staying the forfeiture proceedings in favour of the Environment and Land Court case, particularly as applications seeking a stay of the land proceedings were already pending…

…E005 of 2026, proceedings in Succession Cause No. 20 of 2006 and proceedings before the Court of Appeal. 3.…

…Once criminal proceedings have commenced, the ordinary course is for the accused person to appear before the trial court and seek bail or bond within those proceedings.…

…the proceedings beyond all reasonable doubt ought not to be allowed to continue. 20.…

…, whether or not to grant a stay of proceedings or further proceedings on a decree or order appealed from is a matter of judicial discretion to be exercised in the interest of justice...the sole question is whether it is…

…That the Interested Party need not have participated in the subordinate court proceedings in Kimilili MCCOMSU/E002 of 2025 for it to be an Interested Party in the instant proceedings. 9.…

…in the said proceedings in any capacity whatsoever.…

…He contends that he instituted the Bungoma Children's Case before the Malindi proceedings were filed and that the subsequent proceedings offend the doctrine of sub judice and amount to an abuse of the court process. 2.…

…The Applicant's principal argument is that the proceedings before the Malindi Court are sub judice by virtue of the earlier proceedings filed at Bungoma. 7.…

…According to the Plaintiff, those findings demonstrate the absence of any basis for halting the proceedings herein. 18.…

…She therefore maintains that the pending appeal does not justify a stay of the proceedings. 19.…

…In regard to stay of proceedings, Counsel for the Applicant submitted that this Honorable Court in exercising its discretion on whether to grant application for stay of proceedings ought to consider special circumstances…

…I take note that whereas, the Applicant’s motion sought for orders of stay of proceedings, the Respondent’s Counsel chose to submit on stay of execution rather than stay of proceedings.…

…The 1st defendant contends that permitting the arbitration proceedings to proceed concurrently with the present suit would expose it to duplicative proceedings and the risk of conflicting decisions. 10.…

…precedent to the bringing of legal proceedings in respect of any matter is of no effect in relation to those proceedings. 23.…

…That the Honourable Court erred in law and in fact when it applied the test applicable in stay of proceedings to the stay of proceedings application before her and therefore arrived at an erroneous conclusion contrary to…

…That explains why the law on stay of proceedings pending appeal will be concerned with the sole question of whether it is in the interest of justice to order a stay of proceedings…” 26.…