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…This court then set down the matter for a mention on 29th October 2024 for directions as to hearing and for issuance of a hearing date on a priority basis.…

…In the circumstances, it is therefore doubtful that the plaintiff and his advocate were aware of the hearing date of 3rd February 2025 at all. 10.…

…Similarly, the suit has a hearing date slated for 02.07.2025. The Respondent was of the view that appropriate directions had been issued to assist the Defendant testify and complete the matter.…

…Indeed, the Court takes note that this matter has a hearing date of 02.07.2025. This date is about 14 days away and any transfer would ideally forestall the hearing date.…

…The applicants’ case is that by October 2024, the applicants’ advocates had not obtained the diary for 2025 but indicated the hearing date as 4. 3. 2024 and did not indicate the proper year, though that was not fatal.…

…That the matter has been pending since 2022 and the applicants are aware of the importance of the hearing date.…

…He confirmed the ex parte orders in respect of the application dated 9/11/2023 were served upon his counsel which duly notified his counsel of the hearing date yet on the hearing date, the defendants’ counsel was a no-show…

…Mwamu has not questioned the misdiarization, his only concern is that he is perplexed that despite service of a hearing date upon his firm, the defendants’ counsel did not attend court on the hearing date.…

…In this case, counsel for the 1st and 3rd defendants deponed in the affidavit supporting the instant application that on the date when the hearing date of 2nd October 2024 was fixed, an advocate called Mr.…

…Wafula held his brief sought an adjournment on his behalf but failed to inform him of the next hearing date.…

…The Plaintiff is granted leave to serve the next hearing date by way of substituted service through advertisement in one of the daily newspapers within National wide circulation on the days between Monday and Friday. 4.   …

…The matter will be mentioned on 16.06.2026 before ELC-3 to fix a new hearing date. 5.   The Plaintiff will serve a Mention Notice of 16.06.2026 on the 2nd – 5th Defendants within seven (7) days from today’s date.…

…The Applicant deposes that he was unable to attend Court on the hearing date due to illness, as evidenced by a medical chit annexed to his affidavit.…

…The Applicant further asserts that he later discovered that the hearing date had been fixed in his absence and without proper service of a hearing notice.…

…The material on record shows that the hearing date of 06.02.2025 was taken by consent of the parties on 29.10.2024 before Hon. Justice Matheka.…

…Come the hearing date the defendant’s advocate sought an adjournment to enable him apply to cease acting for the defendant for lack of instructions.…

…The matter was mentioned severally to take a hearing date and the Court directed the firm of M.N.…

…Oonge Advocates to be served with the mention notices and a hearing date was given in the absence of the advocates for the Interested party for 25.5.2022 where the matter was to proceed at 2.30 pm on the said date upon filing…

…I have, before writing this ruling, taken the parties who are present, through the proceedings in this matter right from pretrial conference to the fixing of the hearing date and eventually to the hearing which took place…

…The issue appears to be the defence counsel Miss Awuor who misled her client on the hearing date and later swore and made him to swear scandalous affidavit in support of the application for arresting of the Judgment. 6.…

…THAT this Honourable Court be and is hereby pleased to open the Plaintiff’s case reserve a hearing date. 3.…

…The main suit was certified ready for hearing and the first hearing date set for 10th May, 2023.…

…When the case was called out on the hearing date, neither the plaintiff nor his advocate were present. Mr.…

…Otshiula, the hitherto advocate for the plaintiff/Applicant has not sworn an affidavit explaining why they did not attend court during the hearing date.…

…On 17th May 2023, counsel for the applicant and the respondent appeared before court, took directions and a hearing date of 29th September 2023.…

…On the said hearing date, there was no appearance by the respondent and his counsel. The case proceeded to hearing and the applicant presented his witnesses and closed his case.…

…He deponed that the matter already had a hearing date; that the court had ordered that no further documents shall be filed; that the applicant served him a bundle of documents incorporating new documents three months after…

…This matter shall be mentioned on 11/2/2025 for the fixing of a hearing date.…

…To actively manage this file, a mention date be issued forthwith to fix a hearing date.” 3. A mention date to fix a hearing was set for 26th October 2023. Counsel for the parties appeared.…

…On that day, counsel for the 2nd, 3rd, and 4th Defendant sought for adjournment, arguing that there was a pending application that had not been disposed of —oblivious that the day had been set down as a hearing date.…

…The applicant stated that though that order was prompted by the absence of the defendant and his witnesses, it was his advocates on record who inadvertently misdiarized the hearing date and, instead of 20th May 2025, diarized…

…This matter shall be mentioned on 28/1/2026 for issuance of a mutually convenient hearing date. Dated, signed and delivered at Malindi on this 17th day of December, 2025.…

…That the Court be pleased to issue an early hearing date for the suit and the application. 3.…

…The Applicant has also sought an early hearing date for the suit and application.…

…The next hearing date was 23 October 2019, when again an application for adjournment was made on behalf of the applicant, on the reason that the applicant was unwell.…

…The next hearing date was 18 February 2020 when the applicant, yet again applied for adjournment on the reason that he was out of the country. The next date for hearing was 8 February 2021.…

…That on the 28 th June 2024, the Applicant sought a hearing date through a letter of the same date.…

…I directed that the Application be argued through oral submissions on 12 th May 2025 and directed that the 2 nd Defendant be served with the hearing date.…