Search court decisions

…The appellant Michael Otieno Amigo was described in the trial proceedings as the third accused, although in some headings he was listed the fourth.…

…Mr Hawala has submitted that section 4 of the Government Proceedings Act was borrowed from section 2 of the Crown Proceedings Act 1947 of England and has referred to the case of Royal Aquarium and Summer and Winter Garden…

…Act, 1888, from the local justices to the County Council) were “judicial proceedings”, so that absolute privilege could be claimed in respect of remarks made there in proceedings taken for defamation.…

…Accordingly, this court has no jurisdiction to hear and determine stale proceedings. 19.…

…It follows that this court cannot watch and not see and or not hear irregular proceedings being conducted and leave those proceedings to remain on record. 22.…

…That was the last order made by the late Judge and the proceedings remained in abeyance until the 2nd July, 2008 when the appellant appeared before another Judge, Musinga, J.…

…Okenye: I pray that the court proceeds to have the proceedings typed and thereafter prepare a judgment. D. MUSINGA, JUDGE Court: Proceedings to be typed. Judgment on 25/9/2008. D.…

…Counsel for the appellant also faulted the way the trial was conducted by the magistrate and the way the proceedings were recorded wh ich he contended resulted in a miscarriage of justice.…

…The records of proceedings and the evidence by the parties is so jumbled that I find it impossible to make sense of the evidence that was adduced before the trial court.…

…group, the Registrar may in writing require the officers of the group to produce to him evidence of either – (a) the settlement of the dispute and the proper appointment of officers of the group; or (b) the institution of proceedings…

…Sub-section (2) thereof gives a District Magistrate’s Court jurisdiction to settle disputes and make declarations for the purposes of proceedings instituted under subsection (1)(b) of the Section.…

…The appellant through his advocate in opposing the application has deposed that the delay in setting the appeal down for hearing has been occasioned by the failure of the court to avail the proceedings of the trial court…

…I have seen the letters written by counsel for the appellant seeking proceedings from the lower court and one from the Deputy Registrar of this court dating back to November, 2009, the appellant having paid for them over…

…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…

…At this juncture, it is worth noting that although the record of the proceedings before the trial judge indicate that the summing-up to the assessors was done on 15th December, 1993 by the trial judge, the latter made no…

…Regarding the absence of summing-up notes on the record of the proceedings before the learned trial judge, we would only echo the words of the Court of Appeal for Eastern Africa in the case of Samusoni Mukono and another…

…It follows therefore that the proceedings presided over by the Commissioner of Assize, Beham are a nullity in law. There is one more matter of relevance.…

…Upon our consideration of the proceedings in the two lower courts and hearing the submissions of the appellant we cannot find any such error. In the result this appeal is ordered to be dismissed with costs.…

…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.…

…They also stated that the trial was a nullity because in most of the proceedings there was no competent prosecutor and if there was, the record did not show that.…

…The proceedings show that Inspector Chebii continued to prosecute the case upto the date when the hearing was concluded.…

…In the present application, the applicant was previously charged with the same offence before the Chief Magistrate’s Court Nakuru before the proceedings were terminated and then transferred to the Naivasha Chief Magistrate…

…Costs is the soothing balm which cures most procedural grievances in legal proceedings.…

…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.…

…It is not clear what part Ogowe played in these proceedings for review. The record does not show that he took any part.…

…Claimants who appear in person in the negotiating table would regard the proceedings even more seriously.…

…A claimant in that position would reasonably feel that by negotiating with him, the Attorney-General had invited him to delay court proceedings and that he would not be prejudiced by the delay.…

…No 56 of 1986 dated 30th March 1986) The six-month limitation period for applying for leave to seek an order of certiorari under the Law Reform Act is mandatory The application concerned leave to commence judicial review proceedings…