Case law
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Division and case type: CivilMiscellaneous Application
…of appeal and the appeal be admitted of time at the High Court of Kenya at Nakuru ( Masime J ) dated December 3, 1983 In High Court Civil Case No 235 of 1982 RULING The applicant was duly served with the notice for the hearing…
…The application was then stood over to this morning hoping that in the meantime the applicant would make enquiries so as to be notified of this morning’s hearing. There is no appearance again today.…
Division and case type: CivilMiscellaneous Application
…The applicant can still challenge the proceedings before the tribunal which has already made orders which he claims were made without according him a hearing. In the Tribunal, he can challenge its jurisdiction.…
…Land Court: Provided that the Environment and Land Court may, where it is satised that there is sucient reason for so doing, extend the said period of thirty days upon such conditions, if any, as it may think t. (2) In hearing…
Division and case type: CivilMiscellaneous Application
…At the commencement of the hearing of this application, one of the counsels for the applicant, Mr.…
…The right to a fair hearing is a rule of universal application in the case of administrative acts of decisions affecting rights - see the case of Ride v. Baldwin , (1964) A.C. 40.…
Division and case type: CivilMiscellaneous Application
…On 2nd day of July, 1999 he filed this application under rule 47 of the Rules of this Court seeking that his application be set down for hearing as a matter of urgency.…
…In that regard I will exercise my discretion in favour of the applicant and order that the application be fixed for hearing before the full Court urgently. Costs in the application.…
Division and case type: ELRCMiscellaneous 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…
Division and case type: CivilMiscellaneous Application
…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…
Division and case type: CivilMiscellaneous Application
…court be pleased to make an order compelling the respondents to pay the children’s school fees directly to the school instead of giving the applicants the money for the school fees on behalf of the children pending the hearing…
…and determination of the suit. (2) That the honourable court be pleased to make an order compelling the respondent to directly provide the children’s basic needs without going through the applicants pending the hearing and…
Division and case type: CivilMiscellaneous Application
…Khamoni J after hearing the applicant's counsel, Mr Letangule came to the conclusion, quite properly in our view, that the application before him was unmeritorious and dismissed the same with costs.…
Division and case type: CivilMiscellaneous Application
…She did not avail herself of that opportunity and has waited until the hearing of the present application to complain that the intended appeal is frivolous. That, with the material before me, I do not know.…
Division and case type: CivilMiscellaneous Application
…reconsider the evidence adduced in the superior court and to make its own conclusions thereon by virtue of section 361 of the Criminal Procedure Code, of course – bearing in mind that this Court had no advantage of seeing or hearing…
…That I pray to be furnished with certified trial record and be present in court when appeal hearing is due. The appeal was heard on 5th October, 2009 when Mr.…
Division and case type: Milimani Commercial CourtsMiscellaneous Application
…In her considered Ruling, the learned Taxing Officer held as follows; "Item 16 - If hearing of application lasted one month (sic!) in High Court, it is shs.1,200/=. So I tax off shs.1050/=.…
…From the Bill of Costs, the applicant had indicated that the hearing of the application lasted an HOUR.…
Division and case type: CivilMiscellaneous Application
…This in administrative law is the rule which is known as AUDI ALTERAM PARTEM (hearing either sides or the right to a fair hearing).…
Division and case type: CivilMiscellaneous Application
…inter-meddling, committing waste and or entering Plot No. 759/11 Ndagani, Plot No. 053/053 (market stall) Chuka, Plot No. 054/054 (market stall) Chuka, KARINGANI/NDAGANI/763, KARINGANI/NDAGANI/716 and MWANJATI/MARIANI/4779 pending hearing…
Division and case type: CivilMiscellaneous Application
…Mr Justice Chesoni began hearing the summons inter partes on August 23, 1982 and because it concerned a corpse decomposing in the City Mortuary from the day Teresia Wangari Mwangi died, which was on August 11, 1982, he refused…
Division and case type: CivilCivil Appli
…My view over the submissions is that the partiesstretched their arguments beyond the scope of the application.All that the application asks for is a stay under 0. 41 r. 4of Civil Procedure Rules to pend the hearing of the…
Division and case type: CivilMiscellaneous Application
…He advised the advocates for the parties to get on with the pleadings and then appear before him for early hearing dates for the trial.…