Search court decisions

…There is a more formidable excuse or reason for not turning up in court, viz that Mr Githuka, advocate, who had the conduct of the case for the applicants was taken ill on the night before the hearing date.…

…He, therefore, went to see a dentist on the morning of the hearing date with the result that he was not able to attend. That ground was given much later after this application had been filed.…

…date in respect of this appeal (C.A.…

…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.…

…Thereafter the suit became ripe for hearing but no date for that purpose appears to have been fixed.…

…I further recommend to the Deputy Registrar that he makes every effort to have this case urgently listed in next year’s call over list for fixing a hearing date.…

…The finding of this court is that this case should commence for hearing within the month of March 2006, and accordingly a hearing date of the suit will be given at the reading of this ruling.…

…date of a formal proof of Mwotia’s counter-claim.…

…date and so forth.…

…The court made the order asked for and the plaintiff’s suit was dismissed even though the particulars had been supplied before the hearing date of the defendant’s application, and notwithstanding also the plaintiff’s offer…

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

…The same parties were the defendant and plaintiff, respectively, in the court of the resident magistrate and the respondent obtained a hearing date from the magistrate’s clerks and served a hearing notice upon the advocate…

…The hearing date was fixed during an annual call over which was held between 11th and 14th January, 1989. The applicants/defendants were not represented during the call over.…

…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.…

…Thereafter instead of fixing the hearing date of this motion which had been filed under a certificate of urgency, M/S Khaminwa & Khaminwa, fixed it for mention on 5th October, 1994, which was almost a year after the filing…

…sale by auction could have been postponed by the learned judge and the auctioneer told to do so, to a date far enough ahead to give the respondents time to serve the appellant in Nairobi with the papers and for an early hearing…

…date to be fixed for the hearing of the summons.…

…The question is: can a plaintiff whose suit has been dismissed under rule 4 for failure to attend court on the hearing date apply for the order dismissing the suit to be set aside under order IXB rule 8?…

…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.…

…Hearing date of the pending appeal to be issued by the Registrar on priority basis. The costs of this application shall abide the appeal. Citations East Africa 1.…

…A hearing date for the appeal in this matter is to be issued by the Registrar, on the basis of priority. (d). The costs of this application shall abide the appeal.…

…The Registrar of the High Court is ordered to give the parties a hearing date on a priority basis. Dated and Delivered at Nairobi this 8th day of March 1994. J.E.GICHERU ....................................…