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…of its length cannot be a factor in determination whether or not a plea is unequivocal, was a material misdirection and cannot, in our view, reflect the correct legal position in this country having regard to the clear statutory…

…provisions to which we have already alluded.…

…In reply Mr Khaminwa submitted that Luo customary law does not apply to the action, that the appellants had an opportunity to adduce evidence on the issues of fact and that in any case the plaintiff’s claim is founded on statutory…

…provisions and on common law which are matters of law requiring no proof by oral evidence.…

…According to him failure to comply with these statutory provisions was a breach of the accused’s constitutional rights and therefore that they were not being validly held in prison custody to await the hearing of Criminal…

…The complaints raised in this reference mainly concern the learned Chief Magistrate’s alleged non – compliance with statutory provisions during committal proceedings.…

…judge of the High Court in her ruling concluded that the suit against the respondent: “...discloses no reasonable cause of action, and is clearly frivolous and vexatious and an abuse of the court process because of the statutory…

…provisions which give absolute immunity to judges and magistrates, from civil liability for actions taken or words uttered in the performance of their judicial function” Having come to this conclusion, the learned judge…

…It may be useful at this stage to set out the statutory provisions relating to the dispute.…

…So English courts incorporate common law principles into statutory provisions unless they are expressly excluded by the statute.…

…That, in my judgment, cannot per se be correct having regard to the statutory provisions and the case law above cited.…

…I will start with the observation that from the authorities that were cited all the relevant ones have concluded that the words such as ‘signed by the party” or “signed by him” in a statutory provisions must be given their…