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…The hearing proceeded ex parte because neither the defendants nor their advocates appeared. Nor was there any explanation as to their nonattendance.…

…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.…

…restraining the defendants whether by themselves individually or collectively or by their servants or agents from selling and transferring any of their shares in a company known as Umoja Enterprises Limited pending the hearing…

…Applying these principles to the present application and upon a full examination of the pleadings, the affidavits filed in support and in opposition and the annexures thereto and after hearing the viva voce testimony of the…

….…...RESPONDENT RULING The Notice of Motion application which came for hearing was filed in court on 23rd March 1988. Exparte orders had been granted to the applicant on 7/3/88.…

…It was the inter-parte hearing which came before me.…

…COURT OF KENYA AT NAIROBI CIVIL CASE NO 772 OF 1984 AURORA BAKING COMPANY (1975) LTD………………PLAINTIFF/APPLICANT AND PHENNTHA WANINGI AND 3 OTHERS………….DEFENDANTS/RESPONDENTS RULING By an order of this court dated 19.11.84 the hearing…

…should have gone to the Deputy Registrar of this court in regard to the plaintiff/applicant’s application file din this court on 13.11.84 when by the order of this court dated 19.11.84 the said application was coming up for hearing…

….…..PLAINTIFF VERSUS LIMURU PYRETHRUM GROWERS CO-OP LTD & 9 OTHERS…… DEFENDANTS RULING At the opening of the hearing inter partes of an application by the plaintiffs for an injunction, the counsel for the defendants took…

…The order sought having been granted on the ex parte application a hearing inter partes of the same was fixed for 4th May 1989 when the preliminary objection was taken as stated above.…

…Following interpartes hearing of that injunction application interlocutory injunction was issued on 17th September 2003 pending the determination of this suit.…

…Once that injunction was granted the plaintiff took no action either in undertaking discovery or in setting down the suit for hearing.…

…When this case came up for hearing on the 10.5.99, the advocate for the defendant stated he did not bring his witnesses to court. The reasons being that the parties were negotiating on out of court settlement.…

…The parties were given time to verify their facts and to return to court to either record a settlement or to continue with hearing. After adjournment the hearing proceeded on 10.5.99 and adjourned to 11.5.99.…

…The defendants did not appear in court on the day of the hearing, though their advocate on record Messrs Macharia and Njore, advocates of Thika, were served with a hearing notice.…

…A copy of a hearing notice was produced in court, showing that they had received it and affixed their stamp at the back.…

…XVI Rule 5 of the Civil Procedure Rules, on the ground that the plaintiff had since the close of the pleadings taken no steps in the matter to set down the suit for hearing.…

…XVI Rule 5 are restated:- “If within three months after: - (a) the close of the pleadings … the plaintiff does not set down the suit for hearing, the defendant may either set the suit down for hearing or apply for its dismissal…

…At the hearing of the application only the alternative prayer was pursued.…

…The issue of bank guarantee is not a new one as it featured during hearing of the application for stay. It was common ground that a bank guarantee automatically expires after a year and would have to be renewed.…

…That the first Defendant be restrained by itself, its agents or servants from appointing the second Defendant, Thorncliff Limited as its Agent in Kenya pending the hearing and determination of this application. 3.…

…That the first Defendant be restrained by itself, its agents or servants from appointing the second Defendant, Thorncliff Limited, as its Agent in Kenya pending hearing and determination of this suit. 6.…

…On the day of the hearing of the formal proof, which was 20th December, 2000 neither the plaintiffs nor their lawyer appeared in court, though service had been effected.…

…Finally I have not awarded exemplary damages because this was not proved at the hearing. Dated at Nairobi this 29th day of December, 2000. JOYCE ALU OCH PUISNE JUDGE…

…DEFENDANT RULING This suit was fixed by the plaintiff advocates for hearing today after which he served the defendants counsel with a hearing notice for today.…

…The hearing of the action was begun on December , 1985 when the plaintiff gave evidence, and the case for the plaintiff was closed.…

…The hearing was resumed on Tuesday October 28, 1986 when the defendant called one witness and the case for the defendant was closed.…

…No.209/10482/75 pending the hearing and determination of this suit.”…

…I caution myself that I am not hearing this case. I am not therefore required to determine with conclusiveness the rights and duties of the parties.…

…I invoked order 17 r 10 CPR that reads:- “Where a judge is prevented by death, transfer or other cause from conducting the trial of a suit or the hearing of an application, his successor may deal with any evidence taken down…

…The advocate for the defendant did not appear for hearing on 19.3.96, when he had been duly served. He did mention to the advocate for the plaintiff that he was no longer on record. This is not enough.…

…When the case came up for hearing on the 25th January 1984 the advocates for all the parties had agreed on the quotum of damages and hence the following consent order was recorded by this court.…

…Liability as between the defendants to proceed to hearing.” The court then proceeded to hearing evidence on how this accident occurred.…

…As the defendant was not presented at the hearing of this application, there will be no orders as to costs. There will be orders accordingly. T Mbaluto, Judge…

…Gatonye filed a formal application for stay of execution pending appeal and a temporary stay of execution pending appeal was granted pending the hearing of the application.…