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…He avers that his appeal was dismissed for non-prosecution due to the negligence of his former Counsel as he was never notified of the requisite hearing dates nor served with the relevant correspondences. 4.…

…Had the appellant been genuinely committed to prosecuting its case, it would have contacted the court registry or checked the Case Tracking System (CTS) to confirm the progress of the matter and verify hearing dates.…

…In this case, the appellant had actively participated in the proceedings and was aware of the hearing dates. The judgment was therefore regular. 23.…

…The record of the trial court shows that the Respondent’s Advocates took several hearing dates in the period between 2007 and 2011 but the matter did not proceed as scheduled for one reason or the other.…

…Mention on 16.5.24 before the Chief Magistrate Mombasa (Court 1 ) for directions on hearing dates . DELIVERED VIRTUALY VIA TEAMS PLATFORM IN THE PRESENCE OF ; Aphline court assistant . parties absent .…

…The parties may take hearing dates. Orders accordingly. Dated and Delivered at Meru this 17th day of November, 1993 R.C.N. KULOBA ………………. JUDGE…

…The protest came up for hearing on various dates. The protestor testified on 18/11/2019 and made available one witness, Douglas Kinyua Mbaka. After the protestor had closed her case, Mr.…

…Nduku Njuki for allegedly failing to inform the petitioner of the two hearing dates of 12/10/2020 and 1/8/2022. Mr.…

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

…My finding is that while Order 22 Rule 18 of the Civil Procedure Rules permits ex parte proceedings, such discretion must be exercised judiciously and not in a manner that defeats scheduled hearing dates or denies a party…

…respondents instituted a Notice of Preliminary objection, against the suit in its entirety, for being in contravention of Section 8 of the Transfer of Business Act, Cap 500, Laws of Kenya, which was dismissed, and subsequent hearing…

…dates slated by consent. 5.On 21st October, 2015, the matter came up for hearing, whilst both counsels present; Mr.…

…They took the hearing dates of 25th and 26th June, by consent.…

…I did not see an affidavit of service which would have ordinarily been the most basic legal way to prove that the Appellant had been notified of Defense these hearing dates. 35.…

…The Respondent asserts that the Appellant was fully aware of all mention and hearing dates from as far back as 2014 but handled the matter in a relaxed manner for over six years.…

…A review of the proceedings demonstrated a pattern of non-attendance by the plaintiff, with the defendants’ counsel consistently taking mention, hearing dates, and attending court, while the plaintiff had only attended court…

…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.…

…The Respondent also notes that the Appellant was consistently aware of the hearing dates and had the option to apply for a stay of proceedings and re-opening of pre-trials, which he failed to do.…

…There was also the explanation by the appellant that earlier hearing dates were not available... The appellant cannot be faulted for the predicament he found himself in.…

…Counsel urged that the appellant was intent on strongly rebutting the claim only that he was unavailable during the said hearing dates due to unavoidable circumstances. 8.…

…Magistrate erred in law and in fact by refusing to set aside the default judgment entered on the 19th of October 2023 despite all the evidence placed before her showing that the Appellant was actually never served with the hearing…

…dates and that the advocate who was hired by the insurance erroneously entered appearance for the appellant without instructions. b.…

…Before the prosecution was terminated, on 22nd January 2015, the trial court delivered a ruling, on 3rd November 2014, where it noted that the hearing dates lapsed for one reason or other.…