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…335 OF 1997 N W...........................................................APPLICANT versus M M.........................................................RESPONDENT R U L I N G There is a Divorce petition still pending for hearing…

…Be that as it may, the application that came before the learned trial magistrate was interlocutory pending the hearing of the divorce petition. Its foundation was the petition which was the substantive suit.…

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

…From the directions of the Honourable Chief Justice what is for hearing today is the main suit and not the application. I am prepared for hearing of the main suit.…

…Onyango is recorded to have stated as follows: “This hearing date was taken by consent of the parties. This morning I saw the Plaintiff in court.…

…It would appear to us that in this case the application was placed before Hayanga, J. for hearing on that account.…

…Alternatively, it seems, for it is not entirely clear, Mr Khanna, moves for an order that the executors of the deceased be substituted now and the hearing of the appeal be deferred pending the production of their grant of…

…probate, or the substitution and the hearing be deferred until the executors have obtained grant of probate.…

…, which in my view can have no other meaning than a reference to the hearing of the petition and not, for instance, to the hearing of an application such as that with which we are concerned in the present case.…

…The consequence of a breach of the rule is that the hearing of the petition is cancelled.…

….…..RESPONDENT RULING When this appeal was called on for hearing, Mr Kwach, appearing on behalf of the two respondents, took the preliminary objection that the mandatory provisions of Rule 85 (1) (f) of rules of this court…

….…..RESPONDENT RULING When this appeal was called on for hearing, Mr Kwach, appearing on behalf of the two respondents, took the preliminary objection that the mandatory provisions of Rule 85 (1) (f) of rules of this court…

…was fixed for hearing on March 29, 1979.…

…It does not appear that the advocate informed his client of the hearing date.…

…The appellant and his then advocate, had failed to attend court on the day fixed for the hearing of the suit.…

…The wording of rule 4(1) is as follows: “If on the day fixed for hearing after the suit has been called on for hearing outside the court, only the defendant attends and he admits no part of the claim, the suit shall be dismissed…

…and cannot be reopened by the High Court; and that an error in the decision of the Court of Appeal cannot be said to be a violation of the right to a fair hearing.…

…The effect of such violations is to vitiate the trial to such extent that it amounts to no trial” [13] The appellant asserted that he was not accorded a fair hearing, nor was the hearing by the Court of Appeal conducted in…

…About a month later, on 25th September, 1992, she lodged Civil Appeal No. 140 of 1992 which was fixed for hearing on 28th October, 1996.…

…NO. 219/1998 This matter is coming up for hearing on 24th May, 1999.…

…At the hearing of the appeal, Mr Ochieng for the appellants contended that, whatever the established procedure was, the appellants should have been heard.…

…It is axiomatic at every seating or hearing that each party to the particular dispute will have been notified to attend, to prepare to be heard and to have ready his witnesses.…

…NO. 5489 OF 1990) *********************** R U L I N G: There was no appearance for the respondent at the hearing of the applicant's application this morning though counsel for the respondent was served on Friday, 30th June…

…, 2000 with today's hearing notice.…

…The motion was fixed for hearing on 17th November, 1993, but on account of some confusion of the hearing date on the part of the Corporation’s advocates the hearing could not proceed on that date.…

…The motion was then fixed for hearing for 1st December 1993.…

…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…

…Hearing to go on.”…

…At the hearing of that application before Kuloba, J. on 3rd December, 1998, Mr.…

…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.…

…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.…

…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…