Case law
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Division and case type: CivilCivil Case
…In a civil suit an initiating process is the service of summons upon a defendant and in this case the process server both in his return of service and in his oral evidence in this court stated that he served the 1st defendant…
…Presumption as to service – There is a presumption of service as stated in the process server’s report, and the burden lies on the party questioning it, to show that the return is incorrect.…
Division and case type: CriminalCriminal Appeal
…The offence of personating a person employed in the public service is covered by section 105(b) of the Penal Code.…
…It states;- “Where any person who falsely represents himself to be a person employed in the public service, and assumes to do any act or to attend in any place for the purpose of doing an act by virtue of such employment…
Division and case type: CriminalCriminal Case
…accounting not in themselves sufficient evidence – Evidence Act (cap 80) section 37 The appellants had been separately charged with two offences: fraudulent false accounting and stealing by a person employed in the public service…
…The receipts, however, did not show the specific purposes for which the money was paid and no evidence was led on what the prescribed fee was for the various services.…
Division and case type: CivilCivil Case
…The case of Clara Nyaruma Oketch versus Akamba Bus Service Nairobi HCCC No 3506/85 where the plaintiff suffered soft tissue injuries and perforation of the left eye described by the doctors as severe and permanent.…
Division and case type: CivilCivil Suit
…This prompted the defendants’ to come to this court by way of certificate of urgency under section 3 and 3A of the Civil Procedure Act, order 44 rule 1, order 21 rule 22 of the Civil Procedure Rules seeking orders that service…
…That application is incompetent as it was filed the same day as the notice of charge and all that remained was service on to the outgoing counsel. 4.…