Judgment
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: CivilCivil Suit
…It was the plaintiff's evidence that the 1st defendant terminated his services by letter dated 17th April, 1996, which gave him one month's notice.…
…Paragraph ten (10) of the terms of employment, makes provision for termination of services.…
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 Appeal
…In the second situation, the registrar, on notice to the parties may list the appeal before the judge for dismissal if no steps have been taken to set it down for hearing within 1 year after the service of memorandum of appeal…
Division and case type: CivilCivil Case
…As was clearly pointed out in the case of Coast Bus Service Ltd. v. Sisco E. Murunga Ndanyi & Others Civil Appeal No. 192 of 1992, Special Damages must be pleaded specifically. According to Mary Mukiri v.…
Division and case type: CivilCivil Case
…That service of the application be and is hereby dispensed with in the first instance due to the urgency of the matter. 2.…