Search court decisions

…Khaminwa applied to the Court for adjournment to enable him to obtain these exhibits from his clients and then file the supplementary record. Although Mr.…

…Khaminwa to refer to them, we feel that for the purpose of putting the record straight the adjournment should be granted but Dr.…

…I ask for an adjournment.” Whereupon Mr. Ougo who appeared for the appellant herein in that court as he does in this Court is recorded to have said: “I am ready to proceed. I have one witness. Hearing to go on.”…

…The ruling of the superior court, Kuloba, J., in this regard read as follows: “As there is no reason for the absence of the Plaintiff or its representative or witness, an adjournment cannot be granted without a good reason…

…Mutunga and applied for an adjournment. This was refused on grounds recorded, and the appeal was dismissed.…

…So the ruling of Osiemo Judge on 17.7.95 was to review the order of 19.5.94 where the adjournment application was rejected and the appeal was dismissed.…

…in my view, this is justified for even if the application were made on August 19 in Nairobi and the auction was to be held on August 20 in Kisumu at 10 am, under order XXI rule 63: “(1) The court may, in its discretion, adjourn…

…any sale hereunder to a specified day and hour, and the officer conducting any such sale may in his discretion adjourn the sale, recording his reasons for such adjournment; Provided that where the sale is made in, or within…

…Instead, he sent Mr Momanyi, a junior Advocate, to say he was indisposed and to apply for an adjournment, which in the event was refused.…

…Mr Momanyi was granted a short adjournment to study the record and argue the appeal, but when the Court reconvened he confessed he was unable to be of any further assistance to the Court.…

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

…After hearing the matter argued, the judge refused to grant an adjournment and ordered that the suit proceeds. I do not think that there was any vagueness whatever about, the consequence of the decision of the judge.…

…If the judge felt that there was no cause of action, he should have allowed the application for adjournment and thus enable the defendant to apply for the ex-parte judgment to be set aside.…

…The quantum of damages for the loss of an eye was a matter of public importance in view of the widely disparate awards that have so far been given in Kenya, and that he should, at the very least, be given an adjournment to…

…RESPODENT (Appeal from the adjournment order on cost and ruling of the High Court of Kenya at Mombasa (Aragon J) dated February 14, 1986 In Civil Case NO 867 (O S of 1985) __________________ JUDGMENT OF HANCOX, J A The first…

…Mr Satchu, on behalf of the respondents, said that this affidavit was filed during the adjournment on February 14.…

…On the morning of March 29, he wrote a letter which was filed in the court the same morning requesting that the case be adjourned, that it was copied to the plaintiff’s advocate.…

…As to the second ground, even if the letter of March 29, 1979 had been placed before the resident magistrate, it was a matter for the court’s discretion whether or not the case was to proceed ex parte or be adjourned.…

…The quantum of damages for the loss of an eye was a matter of public importance in view of the widely disparate awards that have so far been given in Kenya, and that he should, at the very least, be given an adjournment to…

…There was no application for an adjournment on behalf of the appellant nor was there any application to call any further evidence.…

…Upon this application being allowed the submissions continued, there having been no application for an adjournment or to call further evidence.…

…Unlike in the cited case where no papers were filed in reply to the application, and where the Advocate sent his pupil to seek adjournment, the Plaintiff’s Advocate in the instant case filed a replying affidavit.…

…In any case as I have said counsel did not apply for adjournment on the ground that he had not been given enough notice. That argument has only been advanced in this appeal.…

…However, counsel then holding brief for the appellant’s counsel, Miss Mwangi, asked for an adjournment as Mr Ghadialy was engaged elsewhere and pointed out significantly, that the suit had been stayed by consent of both parties…

…Mr Ghadialy then sought an adjournment to enable him to file a defence which he had not been required to file in view of the fact that stay of proceedings had been ordered by consent within the context of section 6 of the…

…Mr Ombaka asked for his objections to the preliminary points to be heard first and after discussions with learned counsel the court adjourned to consider the various points that had been raised.…

…Mr Oraro would have been entitled to ask for an adjournment apart from other remedies available to him but learned counsel has elected to proceed and he has a copy of the plaint.…

…It does not appear the matter had been mentioned on March 13, 1984 but when the matter came up the advocate for appellants asked for an adjournment to April 17, 1984.…

…On April 10, 1985, the appellants appeared in person when the three motions were adjourned to be heard on April 19, 1985.…

…Mr Ombaka asked for his objections to the preliminary points to be heard first and after discussions with learned counsel the court adjourned to consider the various points that had been raised.…

…Mr Oraro would have been entitled to ask for an adjournment apart from other remedies available to him but learned counsel has elected to proceed and he has a copy of the plaint.…

…made it should be allowed if made in good faith provided costs can compensate the other side; that exact nature of proposed amendment sought ought to be formulated and be submitted to the other side and the court; that adjournment…

…have been the rule of conducts a hundred years ago to-day it is not the practice invariably to allow a defence which is wholly different from that pleaded to be raised by amendment at the end of trial even on terms that an adjournment…