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…I would make an order remitting the proceedings to the High Court to hear and determine the case according to the evidence, which in my opinion should be oral evidence, brought before it.…

…I agree that each party should bear their own costs of the High Court proceedings. Dated and delivered at Mombasa this 22nd day of July, 1986.…

…Applying those principles to the instant case, requires a look at the pleadings, proceedings and judgment in the former case, and a look at the pleadings and issues in the present case. What I find is this.…

…Middlesex Justices Ex parte Bond [1933] 2 K B I at p 9; that the development of fresh circumstances (as distinguished from a mere discoverey of fresh evidence on matters which have been open for controversy in the earlier proceedings…

…The appellant then instituted these proceedings for the recovery of salary for 12 months.…

…The oral application made by the children’s officer, without any affidavit in support denied the appellant an opportunity of challenging the whole proceedings. The procedure adopted was wrong.…

…Clearly, the said proceedings taken up by the petitioner are on the grievance that despite the provisions with respect to the power of mercy pursuant to Article 133 of the Constitution to having considered commutation of…

…Whatever form of proceedings adopted by the advisory committee, the basic elements stipulated in the Act states that the convict to participate and allowed an opportunity to present his case capable of resulting in pardon…

…of the child provides as follows:- “(1) In all actions concerning the child undertaken by any person or authority the best interests of the child shall be the primary consideration. (2) In all judicial or administrative proceedings…

…affecting a child who is capable of communication his/her own views, an opportunity shall be provided for the views of the child to be heard either directly or through an impartial representative as a party to the proceedings…

…of the child provides as follows:- “(1) In all actions concerning the child undertaken by any person or authority the best interests of the child shall be the primary consideration. (2) In all judicial or administrative proceedings…

…affecting a child who is capable of communication his/her own views, an opportunity shall be provided for the views of the child to be heard either directly or through an impartial representative as a party to the proceedings…

…The petitioner states that her consent was fraudulently obtained as:- (i) She did not understand the language in which the marriage proceedings were conducted.…

…Although through it stated that it would at the appropriate time institute third party proceedings against the County Government, the Respondent never did so. 6.…

…With regards to the Respondent’s averments that the County Government of Nairobi contributed entirely or substantially to the negligence, we nd that no third-party proceedings were ever instituted against the County Government…

…Regarding stay of execution Order 42 Rule 6 of the Civil Procedure Rules governs the conditions to be met by a party to the proceedings seeking stay of execution of the Judgment.…

…As I understand it, leave to appeal from an order in civil proceedings will normally be granted where prima facie it appears that there are grounds of appeal which merit serious judicial considerations but where, as in the…

…(ix) Rule 29 of the Elections (Parliamentary and county Election)Petition Rules, 2017 provides thus: 1) the parties to the proceedings may apply for scrutiny of the votes for purposes of establishing the valid votes cast…

…Rule 29 of the Elections (Parliamentary and County Elections) Petition Rules, 2017 provides as follows:- "Scrutiny of votes (1) The parties to the proceedings may apply for scrutiny of the votes for purposes of establishing…

…over 9 years later, the applicant filed an application by notice of motion under Section 3A Civil Procedure Act for directions regarding the hearing of the appeal and for an order that the appeal be heard without copies of proceedings…

…(ix) Rule 29 of the Elections (Parliamentary and county Election)Petition Rules, 2017 provides thus: 1) the parties to the proceedings may apply for scrutiny of the votes for purposes of establishing the valid votes cast…

…Rule 29 of the Elections (Parliamentary and County Elections) Petition Rules, 2017 provides as follows:- "Scrutiny of votes (1) The parties to the proceedings may apply for scrutiny of the votes for purposes of establishing…

…Nowhere in the proceedings before the clan members under the area Asst Chief did Nkonge come up to say that he witnessed the defendant giving the plaintiff some Shs 1,500/-.…

…In interlocutory proceedings such as the present one, however, statements as to a deponent’s information or belief are admitted, provided the sources and grounds thereof are stated.…

…Although in interlocutory proceedings an affidavit may contain statements as to the deponent’s information or belief if the source of the information and grounds of believe are stated (see order 18, rule 3(1) of our Civil…

…the provisions of Rule 63 of the Probate and Administration Rules, which clearly states the following provisions of Civil Procedure Rules, namely Order V,X,XI,XV,XVII,XXV,XLIV, and XLIX shall apply for far as relevant to proceedings…

…The learned magistrate should have firmly resisted the request for ex-parte orders so as to streamline the proceedings.…

…According to the records of the arbitrator filed in court for what it is worth, the 1st Defendant is recorded to have stated as follows in page 5 of the proceedings- "In September, 1987, I saw the 2nd Defendant who wanted…