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…Firstly, the matter already had a hearing dates – 4th and 5th May 2026 taken by the consensus of all parties; Secondly, the excuse on non service was baseless and a mere smoke screen.…

…It reserved 24th April, 2026 to deliver its Ruling as there was already slated two (2) hearing dates – 4th and 5th May, 2026. 12.   …

…She contended that it was important for the Trial Court to have determined whether she was aware of the hearing dates in the criminal case in order for it to have ascertained if her failure to attend court was out of malice…

…This court therefore agreed with Trial Court’s reasoning for not having faulted the 1st Respondent’s non- attendance as she ought to have been informed of the hearing dates by ODPP and/or the Investigating Officer.…

…He avers that his appeal was dismissed for non-prosecution due to the negligence of his former Counsel as he was never notified of the requisite hearing dates nor served with the relevant correspondences. 4.…

…He referred to several successive letters written to their Advocates by the Plaintiffs’ Advocates close to hearing dates and seeking adjournments on several dates on various grounds such as that their witnesses were sick.…

…It is also evident that, rather than the Plaintiffs, it is the Defendant’s Advocates who have been regularly going out of their way to take out mention and hearing dates.…

…Based on the Respondents absconding of her own hearing dates, the Court did declare the Applicant’s case closed. ix.   Thereafter, a Judgement was pronounced on the 13.02.2025. x.   …

…Thereafter, the witness known as JUDITH CHEPKOECH CHERUTICH never came back to court dispute the numerous hearing dates that were fixed by the Court. 46.   …

…Had the appellant been genuinely committed to prosecuting its case, it would have contacted the court registry or checked the Case Tracking System (CTS) to confirm the progress of the matter and verify hearing dates.…

…In this case, the appellant had actively participated in the proceedings and was aware of the hearing dates. The judgment was therefore regular. 23.…

…right to be heard, Counsel submitted that the admission on oath by Counsel previously acting for the applicants that he deliberately and consciously misled the applicants and routinely omitted to inform them of the various hearing…

…dates constitutes gross professional negligence on the part of the advocate which does not constitute a ground for setting aside the judgement but might be relevant in an action by the client against the said errant Advocate…

…That the defence hearing dates of yesterday and today, the 17th and 18th October 2023, were fixed in the presence of all parties’ counsel on the 24th April 2023 after the plaintiff closed their case, and the 4th defendant…

…Therefore, when the hearing dates were fixed over six months earlier in the presence of all counsels, the 4th defendant, like the other parties, was obligated to ensure that her counsel was in court, and if need be, appoint…

…The difficulty in procuring hearing dates is not a myth. 19.…

…The record of the trial court shows that the Respondent’s Advocates took several hearing dates in the period between 2007 and 2011 but the matter did not proceed as scheduled for one reason or the other.…

…She states that the judiciary’s efiling system also updates hearing dates for all matters and it is the duty of counsel to check the dates for his matters.…

…Mr Matende further stated that on 16th February 2021, the Plaintiff published a notice in the daily newspapers inviting affected persons to pick suitable hearing dates for the consideration of their appeals and that the Defendant…

…Further that this court and the parties have been ready to proceed to hearing as illustrated by the hearing dates of 29th May 2024, 16th July 2024 and 4th November 2024, and the application therefore lacks merit and should…

…Mention on 16.5.24 before the Chief Magistrate Mombasa (Court 1 ) for directions on hearing dates . DELIVERED VIRTUALY VIA TEAMS PLATFORM IN THE PRESENCE OF ; Aphline court assistant . parties absent .…

…I have perused the record and indeed the matter was filed in 2018, but the same has been active with hearing dates having been issued as recent as October 2024 when the matter did not proceed, so there has been no inactivity…

…The protest came up for hearing on various dates. The protestor testified on 18/11/2019 and made available one witness, Douglas Kinyua Mbaka. After the protestor had closed her case, Mr.…

…Nduku Njuki for allegedly failing to inform the petitioner of the two hearing dates of 12/10/2020 and 1/8/2022. Mr.…

…However, on the that date, the court did not sit and directed that new hearing dates would be communicated to the parties.…

…would occasion substantial prejudice to her commercial interests. 9) The Applicant attributed the delay in prosecuting the matter to the failure of her previous advocates to keep her informed, difficulties in obtaining hearing…

…dates, and the unexplained unavailability of the court file. 10) She further asserted that the Defendant would not suffer any prejudice if the suit were reinstated, any inconvenience being compensable by an award of costs…

…My finding is that while Order 22 Rule 18 of the Civil Procedure Rules permits ex parte proceedings, such discretion must be exercised judiciously and not in a manner that defeats scheduled hearing dates or denies a party…