Case law
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Division and case type: CivilCivil Case
…They therefore became invalid and detention orders made became null and void ab initio. Mr. Murungi relied on passages in Erskine May’s Parliamentary Practice (19th Edition).…
Division and case type: Environment and Land CourtAppeal
…In other words, this renders the sale agreement void-ab initio.…
…The sale agreement was rendered void ab initio as the suit property was not registered in the name of the Vendor. A Vendor can only sell what is rightfully owned by him/her.…
Division and case type: High Court Judicial ReviewJudicial Review
…ab initio. 3) That it is an abuse of court process to seek enforcement when jurisdictional objections regarding the orders remain unresolved. 6.…
…ab initio. 4) Whether the Preliminary Objection meets the legal threshold for a valid PO. (1) Jurisdiction of the High Court: 7.…
Division and case type: Environment and Land CourtCivil Suit
…Declaration that the transfer of the lease dated 3rd July 1997 and registered on 4th July 1997 over the suit property in favour of 3rd defendant is illegal, null, and void ab initio. c.…
…Declaration that the transfer of lease dated 7th April 2000 and registered on 10th April 2000 over the suit property in favour of 4th defendant is illegal, null, and void ab initio. d.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…Track) dated 26th March 2021 for, inter alia; (a) A Declaration that the registration of Land parcel no NANDI/KIPKAREN/SALIENT/920 in the name of the 1st defendant was irregular, unlawful and fraudulent therefore null and void…
…ab-initio. …
Division and case type: High Court CivilCivil Suit
…ab initio. 14) Courts therefore, cannot enforce illegal contracts as a matter of public policy.…
…The alleged agency agreement is void ab initio due to lack of registration. iii) Whether the 2nd Defendant is Liable for Tortious Inducement to Breach of Contract?…
Division and case type: Environment and Land CourtELC Land Civil Suit
…ab initio.…
…Fearing irreparable loss and prejudice to her rights and contributions, the Plaintiff seeks declaratory orders declaring the charge and notification of sale illegal and void ab initio, alongside a permanent injunction restraining…
Division and case type: High Court FamilyFamily Miscellaneous
…In opposing the application for transfer of the suit the Respondents aver that a suit filed without jurisdiction is ‘void ab initio.’…
…The Respondents on the other hand submit that the suit filed in Mukurweini Magistrates court was void ab initio and thus there exists nothing to transfer;- Section 18 of the Civil Procedure Act provides for transferring suits…
Division and case type: Environment and Land CourtOriginating Summons (OS)
…This goes to the root of the case and such suit if filed would be null and void ab initio. 4.…
…Such suit is null and void ab initio and is not capable of being cured by a subsequent receipt of letters of administration. 6.…
Division and case type: Environment and Land CourtCivil Suit
…By reason of the foregoing, the purported subsequent issuance of a lease to the suit property by the 16th defendant to the 7th and 11th defendants was fraudulent, illegal and void ab initio and incapable of conferring on…
…Further, the purported transfer of the suit property by the 4th, 5th , and 6th defendants to the 7th to 10th and subsequently to the 11th to the 14th defendants was void ab initio and incapable of conferring any good title…
Division and case type: High Court Judicial ReviewJudicial Review
…The Respondent having elected to lodge a complaint in Nairobi, the said complaint and action was manifestly ultra-vires the Respondent\'s operating license and therefore void ab-initio. Disposition; 14.…
…The Respondent acted ultra-vires the license granted by the NGO Co-ordination Board, its complaint cannot stand as it was void ab-initio. 15. The Notice of Motion application dated 20th November 2023 has merit.…
Division and case type: High Court DivCivil Case Miscellaneous
…In the alternative and without prejudice to prayer (1) herein, this Honourable Court be pleased to declare the ruling of the taxing Officer contained in her ruling delivered on 19/9/2024 as void ab initio.…
…ab initio and ought to be set aside.…
Division and case type: Environment and Land CourtELC Land Appeal
…On that basis, the court concluded that the Appellant’s title was tainted, incapable of conferring any lawful interest, and that the sale was null and void ab initio and unenforceable.…
…Whether the learned trial magistrate erred in law and fact in finding that the agreement for sale dated 20th September 2012 was null and void ab initio and incapable of enforcement. c.…
Division and case type: Environment and Land CourtELC Land Petition
…ab initio. b) A declaration that the facilities obtained by the 1st and 2nd Respondents through the collateralization of the properties known as MSA BLOCK/XLVII/45, MSA/BLOCK/XLVII/65, MSA/BLOCK/XLVII/148 and MSA/BLOCK XLVII…
…/173 are illegal, unlawful, null and void ab initio. c) A declaration that the facility of Kenya Shillings Four Hundred Million (Kshs.400,000,000/=) obtained by the 1st Respondent through collateralization of the property…
Division and case type: High Court Commercial and TaxCommercial Matters
…They further argued that the guarantee was void ab initio for lack of execution by the Plaintiff and urged dismissal of the suit. 7.…
…He also argues that the alleged guarantee was void ab initio for uncertainty, as it purported to bind the guarantors simultaneously as primary obligors, sureties, and indemnifiers.…
Division and case type: High Court CivilCivil Appeal
…It casts doubts on the validity of the orders and hoists the prospects of invalidity on account of being null and void ab initio.…
…Kadhi and orders given therein being in violation of Articles 2(1) and 170(5) of the Constitution, are null and void ab initio.…
Division and case type: High Court DivCivil Case Miscellaneous
…The transaction would be void ab initio and the property is traceable.” [20] The Respondent was not the sole beneficiary of the property and therefore had no property to transfer to the Interested Party.…
…The sale and transfer of Lamu/Block I/582 by the Respondent to the Interested Party is therefore void ab initio and the property is traceable.”…
Division and case type: High Court Commercial and TaxCommercial Matters
…In Nagendra Saxena v Miwani Sugar Mills Limited & 3 Others [2011] eKLR, the Court of Appeal further stated: “There was no valid summons which could have been served upon anybody and the purported service was itself void ab…
…initio…The ex parte judgment as a consequence of the foregoing was itself void ab initio and the Judge was entitled to set it aside ex debito justitiae.” 16.…
Division and case type: Environment and Land CourtCivil Suit
…That judgement is to say the least void ab initio. That the applicant’s notice of motion dated 10th 0ctober 2023 was filed over two (2) years after the death of the deceased.…
…of doubt, the proceedings that took place after 9th July 2022, including the hearing of the plaintiff’s case on 19th April 2023, the judgement delivered on the 26th June 2023 and the decree thereof are all nullities and void…
Division and case type: High Court CivilConstitution and Human Rights Petition (Civil)
…She points to the reliefs sought, which include a declaration that the election was unconstitutional and null and void ab initio, and an order declaring the seat vacant.…
…She relies on Mary Wambui Munene v Peter Gichuki King'ara & 2 others [2014] eKLR for the principle that an election petition filed outside the statutory period is void ab initio.…