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…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.…

…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.…

…At the hearing of the appellant’s application, his case was that in 1973 he purchased the suit land from the respondent.…

…Indeed, at the hearing of this appeal he contended that the trial judge did not consider the duration he (appellant) had been in occupation of the suit land nor did he consider his having purchased this land.…

…The magistrate was duty bound after hearing the evidence to declare the position in law.…

…second figure was arrived at by an assumption of early retirement, leading to the use of a multiplier of ten years or 120 months, and a multiplier of Kshs 2805 per month, being the respondent’s earnings at the date of the hearing…

…More recently, however, this court has held that it will not lightly differ from the findings of fact of a trial judge who had had the benefit of seeing and hearing all the witnesses, and will only interfere with them if…

…At the hearing it was contended that order 5 rule 12 of the rules had not been complied with.…

…At the hearing of the application he admitted that the summons was given to his son who stays with him but said that son did not give the summons to him.…