This is an urgent chamber application in which a certificate of urgency was issued by a legal practitioner certifying it as urgent. The matter was placed before me through the Chamber Book on 14 February 2012. On the same day I directed that applicant serve all the respondents with a copy of the application in compliance with r 242 (1) of the High Court Rules, 1971. Proof of such service was to be filed to indicate that this directive has been complied with, unless one of the things specified in that rule is shown to exist and the practitioner concerned... More
Given the fact that the defendants were served with a notice to attend this pre-trial conference hearing about 12 days ago and that they are not in attendance thirty-one minutes after the scheduled hearing time and that there is no cogent explanation for their absence at court, I believe the application for default judgment is quite justifiable. The lackadaisical approach adopted by the defendant cannot be tolerated. More
This is an appeal by the Attorney General against the judgment of the Magistrates’ Court granting bail to the respondent.
This court will interfere with the decision of a Magistrates’ court to grant or refuse bail only if the Magistrate committed an irregularity or misdirection or exercised his discretion so unreasonably or improperly as to vitiate his decision. S v Malunjwa HB 34-03; S v Ruturi HH 23-03; S v Makamba SC 30-04. More
The accused person was sentenced on 19 September 2011. The application for condonation was filed on 19 June 2012 exactly nine months after the conclusion of the matter. It was filed after the accused had completed his sentence of community service. The delay was inordinate indeed and the reasons given for the delay, namely that the transcription and correction of the record took too long are not good reasons at all. More
On 29th April 2010 the Honourable Y Malama made an arbitration award. In terms thereof she ordered Appellant to either reinstate Respondents in its employ or pay them damages for loss of employment. Honourable Malama made a 2nd award in terms of which she ordered Appellant to pay each Respondent an amount of US$12 065.80 as damages in lieu of reinstatement. More
The facts giving rise to this application are mainly common cause. The applicant and the respondent were formerly husband and wife. A decree of divorce was granted in this court on 5 August 2010. The applicant has approached this court alleging that the respondent is in contempt of this order and applies for relief in the following terms: More
