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…The court ordered that hearing be rescheduled to 21st October 2021 and that a hearing notice to issue in that regard.…

…A hearing notice indeed was issued and the same was dated 09th September 2021and it was served upon the appellant.…

…Further, that the Defendant/Applicant was served with a hearing notice before the matter proceeded for formal proof hearing on 9th August 2023, annexing and marking as GKO 2 (a), (b) & (c) copies of the Hearing Notice dated…

…Further, that the Respondent was equally served with a Hearing Notice and he ignored the Summons to Enter Appearance as well as the Hearing Notice. 9.…

…That the applicant was never served with any hearing notice for the appeal that was heard ex-parte. That there was an attempt to steal a match against the applicant.…

…In the present case, although there was evidence that the mention notices and hearing notice were sent by email, the email to which they were sent turned not to be that of the applicant’s advocates.…

…The Applicant later challenged service of the re-hearing notice of 19th March 2025.…

…notice .…

…It was also submitted that the Respondent did not fully participate in the proceedings despite service of mention and hearing notices.…

…notice dated 3rd April 2020.…

…notice to appear in court for confirmation of grant and which he did virtually on 06th April 2021 after he was served with a hearing notice; When he found that failure to sign the consent to confirmation of grant which was…

…notice and appeared before the court for confirmation and did not raise any protest against confirmation; By revoking the grant yet the respondent had signed the consent to making the grant on 28th February 2018; and By…

…THAT the learned Magistrate erred in law and in fact in finding that the Appellant had been served with the hearing notices for the 12th June, 2020 when orders were issued exparte. b).…

…THAT the Learned Magistrate erred in law and in fact in failing to find that the 1st Respondent had failed to prove that he indeed served the Appellant with the hearing notice of the 12th June 2020. e).…

…eKLR and Emfil Limited v Attorney General & 413 Other [2019]eKLR, the court held that, “the Defendant have (sic) a right to cross examine witnesses during formal proof and for this reason ought to have been served with the hearing…

…notice to enable them do so.”…

…eKLR and Emfil Limited v Attorney General & 413 Other [2019]eKLR, the court held that, “the Defendant have (sic) a right to cross examine witnesses during formal proof and for this reason ought to have been served with the hearing…

…notice to enable them do so.”…

…The grounds of the application were: i) That failure to attend court was occasioned by an excusable technological error. ii) That the hearing notice was not received by the defendants and their counsels since it was diverted…

…The appellants submitted that the hearing notice was misdirected to the SPAM MAIL and such they could not see the hearing notice on time.…

…Whereas a hearing notice was issued by this court to parties on 17.9.2024 vide their respective email addresses, the Applicant has not appeared today wherefore her application dated 20.2.2024 is hereby dismissed for want…

…The application was premised on the ground that the Appellant was never served with the Notice of Motion dated 26th February 2024, nor with any hearing notice in respect thereof, and that he had thereby been condemned unheard…

…Counsel further submitted that since the Appellant's advocate was absent on 6th March 2024, he ought thereafter to have been served afresh with notice of the hearing fixed for 21st March 2024, but that no such service was…

…Similarly, it was averred that the hearing notice was served, but ended up in the spam box.…

…The trial court noted that there had been proper service of the application, which gave rise to the judgement, and of the hearing notice of the hearing when the judgement was entered.…

…It is further deposed that the Applicant was served with a hearing notice on 8th March 2023 and 8th December 2022.…

…Besides, the Applicant did not displace the evidence that he was served with both mention and hearing notices.…

…On March 29, 1979 the plaintiff and his advocate were present, but neither the defendant nor his advocate were present, and after proof that hearing notice had been served the learned resident magistrate proceeded to hear…

…In that affidavit the advocate explained that he had received instructions from the defendant and consequently filed a defence on his behalf and that he was served with the hearing notice on January 5, 1979 that the case…

…He insisted that the non-attendance was not intentional. [4 The second defendant opposed the application through a replying affidavit, asserting that the plaintiff’s counsel had been duly served with the hearing notice via…

…That the learned trial magistrate erred in law and in fact, without considering that the first respondent was not served with the hearing notice of 15th August 2023, as the plaintiff was served. iii.…

…In the result the matter proceeded as the Appellant duly was served with a hearing notice. The Respondent testified on 19 th January, 2022 and the case was closed.…

…In a response thereto through a replying affidavit deposed by counsel for the Respondent it is urged that at the outset he served the hearing notice through cell phone No. 0727522413 to the Appellant advocate’s phone number…

…******************* 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.…

…In this case, the hearing notice for today has been served.…

…We are informed by the clerk of the court, that when a notice of hearing is issued, it is not the registry’s practice to specify, in addition, that the application to strike out will be heard because, the appellant being…