Case law
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Division and case type: CivilCivil Appeal
…As does happen in such cases, the hearing of the arbitration proceedings was delayed.…
…The substantive order of stay of proceedings cannot be set aside by a side wind within the context of an informal application for the fixing of a hearing date, when the setting aside of the stay of proceedings was not specifically…
Division and case type: CivilMiscellaneous Application
…A certified copy of the proceedings together with a certificate of delay confirming that the proceedings were applied for on 21st November 2002, but received on 17th February, 2003 has been availed.…
…The application is objected to on the grounds that the proceedings were not necessary for the appeal to be filed, and that there was a further delay after receipt of the proceedings which delay has not been explained, and…
Division and case type: CivilCivil Appeal
…Gichuhi Wakahihia and Charles Gitonga the fourth and fifth defendants do not appear anywhere in the proceedings.…
…The point here is not of fresh evidence but the point of law which underlie the proceedings the effect of which render the proceedings a nullity.…
Division and case type: CriminalCriminal Appeal
…I have perused the lower court record of proceedings, the pre bond report and the ruling of my sister Meoli Judge on the substantive application for bond pending appeal.…
…Otara: We pray to be served with the record of proceedings Court: Deputy Registrar to ensure that Counsels are served with record of proceedings. …................... M. MUYA JUDGE 11TH DECEMBER, 2013.…
Division and case type: FamilySuccession Cause
…The learned Resident magistrate erred in law in treating the proceedings as testate instead of intestate without a change in the pleadings. 6.…
…The proceedings and the order confirming the grant are set aside. The Summons for Confirmation of Grant and the affidavit of Protest are restored.…
Division and case type: CivilCivil Appeal
…only co-ordinates and facilitates the deliberations of the said proceedings. 50.…
…According to the applicants the impeachment proceedings were conducted by the County Assembly, and within its Chambers.…
Division and case type: GeneralUnclassified
…I have considered the application, the grounds of appeal and the proceedings. At this stage I can only state that the appeal raises arguable issues.…
Division and case type: CriminalCriminal Appeal
…That section reads as follows: “where, in any proceedings before any court or person having by law or consent of parties authority to receive evidence, any child of tender years called as a witness does not, in the opinion…
…given upon oath, if, in the opinion of the court or such person, he is possessed of sufficient intelligence to justify the reception of the evidence, and understands the duty of speaking the truth, and his evidence in any proceedings…
Division and case type: CivilCivil Suit
…The Chief made the elders sign or thumb print the paper before the proceedings began and he then had typed out his version of what happened which was incorrect.…
…Mr Ngubuini referred to matters, which he submitted vitiated the arbitration proceedings. The Chief was related to this family and gave no reasons for his casting vote. He made no allegations against the arbitrators.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…He pleaded not guilty and according to the proceedings before the senior resident magistrate was released on bond of Kshs 5,000 on his own undertaking not to go to the material property before the trial.…
…We must comment upon the deplorable conduct of the appellant in leaving the dock and walking to the cells, without being so ordered by the senior resident magistrate thus interrupting the proceedings.…
Division and case type: CivilCivil Appeal
…The appellant then instituted these proceedings for the recovery of salary for 12 months.…
Division and case type: CivilCivil Case
…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…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…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…
Division and case type: CivilMiscellaneous Application
…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…
Division and case type: Constitutional and Human RightsPetition
…The petitioner states that her consent was fraudulently obtained as:- (i) She did not understand the language in which the marriage proceedings were conducted.…
Division and case type: Constitutional and Human RightsPetition
…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…
Division and case type: CivilMiscellaneous Civil Application
…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.…
Division and case type: CivilCivil Case
…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…