Case law
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Division and case type: CivilCivil Appeal
…Khaminwa, complained at the start of the hearing of the appeal that the record of appeal contains illegible pages which rendered the record of appeal incompetent. He relied on Rule 13 of the Rules of this Court. Mr.…
…This appeal to be listed for hearing during the next session in Mombasa. Dated and delivered at Mombasa this 26th day of July, 1995 J. M. GACHUHI ………………….. JUDGE OF APPEAL R. S. C. OMOLO …………………. JUDGE OF APPEAL A. A.…
Division and case type: CivilCivil Appeal
…Both the applications which had been served upon the Appellant’s advocate were fixed for hearing on 30th march 2006 before the Principal Magistrate who had jurisdiction in the matter.…
…Thereupon counsel for the Appellant walked out after his oral application for stay of the proceedings to enable him appeal against that order to proceed with the hearing of the applications was refused.…
Division and case type: CivilCivil Appeal
…I am not hearing the Review application. I will, therefore, resist thetemptation to go into the merits. I must stress however, that litigations musthave their final end.…
…However, where such a Judge is nolonger attached to the Court the review may be heard by any other Judgeattached to the court at the time it is called up for hearing.…
Division and case type: CivilCivil Appeal
…There is today before me, the mention of Appeal No 31 of 1987 for directions as to the hearing of the same. It is necessary for me to recapitulate the courts’ history of the litigation involved.…
…Before the Court of Appeal could list the appeal for hearing, a letter dated the 16th March, 1987 was received from Advocate Mr Khaminwa by the Registry objecting to Judges of Appeal Nyarangi, Platt and Gachuhi to sit in…
Division and case type: CivilCivil Appeal
…Hearing to go on.”…
…At the hearing of that application before Kuloba, J. on 3rd December, 1998, Mr.…
Division and case type: CivilCivil Appeal
…Thereafter, the Tribunal file got lost and the appeal could not be processed for hearing.…
…By a ruling dated 11th June, 2004, the superior court ordered that the dispute be taken back to the Tribunal for hearing de novo and that the appeal be marked as withdrawn with each party bearing its own costs.…
Division and case type: CivilCivil Appeal
…They took the hearing dates of 25th and 26th June, by consent.…
…On the same day a hearing date for this appeal was by consent fixed for 21st and 22nd October, 1998 at 9:30 a.m. Mr.…
Division and case type: CivilCivil Appeal
…Both applications were listed for hearing on the same day the April 10, 1985.…
…When the hearing went on before the arbitration, they were not present and yet the District Officer proceeded to hear the matter in their absence, giving away a piece of land to the claimant.…
Division and case type: CivilCivil Appeal
…Whether or not the ex parte injunction order had lapsed at the time the hearing took place, does not invalidate the hearing of the application inter partes.…
…This court granted, at first, an interim ex parte order till the hearing of the application inter partes in the Civil Application No 69 of 1986.…
Division and case type: CivilCivil Appeal
…Khaminwa, complained at the start of the hearing of the appeal that the record of appeal contains illegible pages which rendered the record of appeal incompetent. He relied on Rule 13 of the Rules of this Court. Mr.…
…This appeal to be listed for hearing during the next session in Mombasa. Dated and delivered at Mombasa this 26th day of July, 1995 J. M. GACHUHI ………………….. JUDGE OF APPEAL R. S. C. OMOLO …………………. JUDGE OF APPEAL A. A.…
Division and case type: CivilCivil Appeal
…The court made the order asked for and the plaintiff’s suit was dismissed even though the particulars had been supplied before the hearing date of the defendant’s application, and notwithstanding also the plaintiff’s offer…
…we would allow the appeal, set aside the order made by the learned judge, and direct that, subject to any further necessary interlocutory applications whether relating to particulars or other matters, the suit proceed to hearing…
Division and case type: CivilCivil Appeal
…That application came up for hearing before a single judge of this Court (Muli, J.A.), who on 2nd June, 1993 granted the extension sought and ordered further that the intended appeal be filed within 60 days from the date…
…Civil Appeal No. 34 of 1994 came up for hearing first on 17th July, 1997 when the court drew the attention of the applicant's counsel to the fact that order of Muli J.A extending time to file the notice and the record of…
Division and case type: Commercial and TaxCivil Appeal
…However an interim stay of the receiving order was granted on 18th May, 1989 following exparte hearing of an application by the debtor to set aside the said receiving order.…
…So, I am on the view that public examination can be held even after the adjudication, in fact at ant time before the hearing of the debtor’s application for discharge.…
Division and case type: CivilCivil Appeal
…No. 1870/1/92 (the suit land) until the hearing and final determination of an intended appeal.…
…In the circumstances, we allow this application and issue an injunction restraining the plaintiff, his servants and agents from selling, disposing of, transferring or otherwise, dealing with the suit land pending the hearing…
Division and case type: CivilCivil Appeal
…The appellant filed a petition of appeal and during the hearing put in what he called submissions but which are in effect a repeat of the contents of the petition of appeal.…
…Upon our consideration of the proceedings in the two lower courts and hearing the submissions of the appellant we cannot find any such error. In the result this appeal is ordered to be dismissed with costs.…
Division and case type: CivilCivil Appeal
…When the application for such leave came up for hearing before Porter Ag. J. (as he then was) the learned judge declined to grant the leave as the application was filed out of time.…
…Okubasu J. was hearing an application dated 28th April, 1994 (file on 4th May, 1994) which is entitled “Notice of Motion” under Order LIII rule 3(1) of the Civil Procedure Rules.…
Division and case type: CivilCivil Appeal
…At no time has there been any inter-partes hearing of any application filed before the learned Senior Resident Magistrate.…
…The learned magistrate therefore rightly made an order for stay of execution pending the hearing of the application to set aside the ex-parte judgment. That application was to be heard on the 24th of May, 1991.…
Division and case type: CivilCivil Appeal
…Hearing date of the pending appeal to be issued by the Registrar on priority basis. The costs of this application shall abide the appeal. Citations East Africa 1.…
…The petition was led together with an application seeking ex parte conservatory Orders pending the hearing of the petition. 6.…
Division and case type: CivilCivil Appeal
…On December 17, 1986, the High Court (Kwach Commissioner) dismissed an application for injunction brought against the respondent after a hearing inter partes.…
…We also discharge and revoke the stay of execution granted by this Court pending the hearing and determination of the appeal. Dated and delivered at Nairobi this 13th day of July , 1988 F.K.…
Division and case type: CivilCivil Appeal
…On December 17, 1986, the High Court (Kwach Commissioner) dismissed an application for injunction brought against the respondent after a hearing inter partes.…
…We also discharge and revoke the stay of execution granted by this Court pending the hearing and determination of the appeal. Dated and delivered at Nairobi this 13th day of July , 1988 F.K.…