Search court decisions

…High Court, Nairobi under order 39 rule 1 and 2 of the rules seeking orders that the defendants and each of them be restrained by injunction from removing the body of the deceased from the Nairobi City Mortuary pending the hearing…

…The defendants thereafter hurried to this court and successfully sought the injunction and order granted on January 7, 1987 pending the hearing of the interlocutory appeal.…

…335 OF 1997 N W...........................................................APPLICANT versus M M.........................................................RESPONDENT R U L I N G There is a Divorce petition still pending for hearing…

…Be that as it may, the application that came before the learned trial magistrate was interlocutory pending the hearing of the divorce petition. Its foundation was the petition which was the substantive suit.…

…Onyango is recorded to have stated as follows: “This hearing date was taken by consent of the parties. This morning I saw the Plaintiff in court.…

…It would appear to us that in this case the application was placed before Hayanga, J. for hearing on that account.…

…She adjourned the application to 26th April 1994 for hearing inter partes.…

…From the directions of the Honourable Chief Justice what is for hearing today is the main suit and not the application. I am prepared for hearing of the main suit.…

…, which in my view can have no other meaning than a reference to the hearing of the petition and not, for instance, to the hearing of an application such as that with which we are concerned in the present case.…

…The consequence of a breach of the rule is that the hearing of the petition is cancelled.…

…Alternatively, it seems, for it is not entirely clear, Mr Khanna, moves for an order that the executors of the deceased be substituted now and the hearing of the appeal be deferred pending the production of their grant of…

…probate, or the substitution and the hearing be deferred until the executors have obtained grant of probate.…

….…..RESPONDENT RULING When this appeal was called on for hearing, Mr Kwach, appearing on behalf of the two respondents, took the preliminary objection that the mandatory provisions of Rule 85 (1) (f) of rules of this court…

….…..RESPONDENT RULING When this appeal was called on for hearing, Mr Kwach, appearing on behalf of the two respondents, took the preliminary objection that the mandatory provisions of Rule 85 (1) (f) of rules of this court…

…Once pleadings close, under section 28, parties are expected to fix the matter for hearing. Another date was given, for mention, on 4th July 2023, to fix a date for hearing.…

…On 4th July 2023, 16th August 2023 was fixed as the hearing date, but on that date, no hearing happened as the Adjudicator seized of it was on transfer.…

…There should be no hearing conducted on a date when a matter comes up for mention, without the parties consenting to such a hearing, and it is also the position that a matter ought not be dismissed on a date when it comes…

…It was coming up for hearing.…

…hearing.…

…He filed his documents for the hearing of the cause as directed by the court. He also appeared for the hearing even when his advocate was present.…

…I do not see any incidence of violation of the right to fair hearing. The appellant was represented. Its officers were aware of the hearing. Its witness had indicated availability online.…

…The oral hearings closed on 7th June 2023. Judgement was delivered on 11th July 2023.…

…The Honourable court be pleased to set aside the Ruling and consequential orders issued on the 28th of October 2025 and re-fix the application dated 22.10.2025 for hearing. ii.…

…on 27.10.2025 yet no hearing notice was ever served upon it’s advocates on record.…

…On 6th March 2018, the matter was mentioned, to fix hearing dates, which did not happen, as it turned out that the matter was not ripe for hearing, for Order 11 of the Civil Procedure Rules had not been complied with.…

…Order 11 is about pre-trial conferencing, as a precursor to, or to pave way for, the actual hearing. So, as at that date, the matter could not be fixed for hearing, as the case was not ready for hearing.…

…This application was initially scheduled for inter partes hearing on 25th September 2024 as per the court order served.…

…However, on the that date, the court did not sit and directed that new hearing dates would be communicated to the parties.…

…During the hearing, both parties testified as witnesses, butneither called any additional witnesses. After hearing and analysis of the evidence presented before court, the trial court dismissed the suit with costs.…

…Whether the Appellant was accorded a fair hearing and b. Whether the Appellant proved his case on a balance of probability a. Whether the Appellant was accorded a fair hearing 19.…

…Eventually, it was given a date, on 2nd August 2022, for hearing. It came up for hearing on 17th November 2022, 16th February 2023 and 25th April 2023, and was adjourned, for a variety of reasons.…

…Article 50 is about fair hearing. The appellant obtained a date for hearing by consent. On the due date, there was no attendance on its part.…

…The court acceded to the Respondent’s request and set down the matter for hearing on 14.06.2022. On the hearing date, the parties also informed the court that they were ready to resolve the matter amicably.…

…of the hearing. 11.…

…The appellant did not tender her evidence in court because on the scheduled hearing date, there was no appearance and the court noted that the appellant was duly served with the hearing notice and there was an affidavit of…

…The court ordered that hearing be rescheduled to 21st October 2021 and that a hearing notice to issue in that regard.…