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…Before doing so, however, I must state that at the commencement of hearing the substantive application, Mr Deverell, advocate for the applicant, applied that I should disqualify myself from hearing the same.…

…Lord Hewart CJ clearly thought that the acting magistrates’ clerk’s involvement in the civil proceedings was such that he should never have participated in the hearing before the magistrates and went so far as to indicate…

…Accordingly, we allow this appeal, set aside the award and order that the matter be remitted to the superior court for hearing and disposal by that court. The costs of this appeal are awarded to the appellant.…

…Professor Ombaka who was content to be addressed as Mr Ombaka had raised objections to the hearing of the preliminary objection and the grounds are contained in a document dated 4 December 1989.…

…The Chamber Summons and the grounds of objection annexed thereto were totally without merit and intended to grevant a fair hearing of the issues raised and are contrary to Public Policy. 2.…

…At the commencement of the hearing of the respondent’s application on 30th November, 1992, counsel then and now appearing for the appellant, Mr Kapila, asked the trial judge to disqualify himself from hearing the said application…

…The appellant did not appeal against the trial judge’s refusal to disqualify himself from hearing the respondent’s application.…

…That pending the hearing and determination of the petition herewith, this Court be pleased to issue a conservatory order restraining the Respondents, their agents, servants, employees, or assignees from all further implementation…

…That to facilitate the expedient determination of this application and petition substantively, this court be pleased to issue an order of status quo prevailing at the time of ling pending the hearing and determination of…

…The learned former Chief Justice, Simpson J as he then was, following a full hearing gave judgment on 25th May, 1979, in which he ordered that on receipt from the appellant of a sum of Kshs 1750/- the 1st respondent was to…

…completely overlooked the fact that on 31st July, 1984, Mr Mutungi also, who was then representing the appellant, had raised the matter of these two issues by way of preliminary objections before Masime, J, who was at that time hearing…

…It was ordered that the application be heard inter-partes on August 10 1988, on which date after the hearing inter-partes, the High court ordered that the ex parte order do remain in force and that the hearing interpartes…

…At the commencement of the hearing inter partes, Mr Alibhai for the defendants, raised a preliminary objection to the effect that as the appellant firm was under receivership, its directors could not bring an action against…

…JUDGE OF APPEAL It is also hereby ordered the three appeals filed in this matter by the respondent be listed for hearing at the same time. Dated and delivered at Nairobi this 3rd day of June, 1996. A.M.…

…The usual rule is that an injunction is granted to preserve the subject-matter pending the hearing and the determination of the action so that the rights if any of an appellant are safeguarded to prevent the appeal, if successful…

…In the first of them, Lovelock v Margo [1963] 2 ALL ER, 13 the court rejected further reasons advanced at the hearing for refusing consent to the assignment, and held that the reason given at the time of the refusal amounted…

…last two authorities assist the respondents case here, for it is in dispute on the affidavits that there ever was a refusal of consent, or even an opportunity to refuse it, and the only reason given was advanced at the hearing…

…Professor Ombaka who was content to be addressed as Mr Ombaka had raised objections to the hearing of the preliminary objection and the grounds are contained in a document dated 4 December 1989.…

…The Chamber Summons and the grounds of objection annexed thereto were totally without merit and intended to grevant a fair hearing of the issues raised and are contrary to Public Policy. 2.…

…This appeal came for hearing on 23rd July 1993 and counsel for the appellant argued that the learned Resident Magistrate had erred in refusing to set aside the ex-parte judgment although the delay in filing a defence was…

…Even then the claims made by the respondent were subject to enquire which would only be properly adjudicated upon when hearing both parties.…

…Can it embrace not only the clearest cases, but cases when there may be some argument, though the judge feels that they are not sufficient to go for hearing?…

…While the learned judge decided that there were no sufficient grounds to allow the appeal to go to hearing, in our opinion it cannot be said that this is one of the clearest cases.…

…That a temporary injunction be granted restraining the 2nd defendant from selling, transferring or otherwise interfering with the parcel known as Chembe/Kibabamushe/427 pending hearing and determination of this suit. 2.…

…At the hearing of this appeal on 28th and 29th April, 1994, Mr Nowrojee who appeared with Mr Ritho for the appellants without reference to any of the appellants’ seventeen grounds of appeal submitted that the learned judge…

…However, an issue that arose during the hearing of the appeal and which has been considered at some length in the judgments of my Lords Shah and Bosire, is whether the learned judge of the superior court was right when, upon…

…The suit came for a hearing on 8th May, 1995 before Ringera, J. The appellant was the only witness who testified in support of the plaintiff's case.…

…When the suit came up for hearing before Shields J. on 6th November, 1990 Mr. Lakha (as he then was) appearing with Mr.…

…When the suit came up for hearing proper for the first time the defendant took a preliminary point (objection in limine) that plaint did not disclose a cause of action.…

…Rimita, J gave him an ex parte order on 4th July, 1994 and set the application down for hearing inter partes on 19th July, 1994.…

…Judge in the presence of counsel for both parties and by consent the order made the previous day confirming the ex parte injunction was set aside and the application by the respondent dated 29th June, 1994, was fixed for hearing…

…Wachira (Mrs)) for hearing on 12th January 2000, 13th February, 2000, 14th March, 2000, 20th April, 2000, and 11th July 2000 when the parties and their witnesses testified.…

…The appeal was placed before this court for hearing on 23rd September, 2002. When counsel for both parties appeared and submitted thereon.…

…The High Court after hearing argument from both Counsel for the Defendant and for the plaintiff dismissed the preliminary objection. Hence the filing of this appeal.…

…The refusal left the matter to proceed to the hearing where the point of objection could be taken and be decided on the evidence to be adduced at the hearing.…