Case law
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Division and case type: Environment and Land CourtCivil Suit
…He deposes that it was ‘illogical’ for counsel for the defendant to serve his office with a hearing notice for 21 July 2021.…
…She avers that her counsel on record served M/s GJM Masese & Company Advocates, on record for the plaintiffs, with the hearing notice for 21 July 2021 and the hearing notice is attached.…
Division and case type: Environment and Land CourtCivil Suit
…That the hearing notice was served on a stranger who had no authority to be served. That the signature on the hearing notice is not his and hence the judgment on record is irregular.…
…The defendants have denied service of hearing notice on their advocate for the hearing of 14th December 2017. Mr.…
Division and case type: Environment and Land CourtCivil Suit
…Evidence of service of a hearing notice is by way of an affidavit of service showing what means was used to serve a litigant.…
…A court is entitled to set aside orders made in the absence of a party if that party was not served with a hearing notice.…
Division and case type: High Court CivilCivil Suit
…I adjourned the matter to 23 rd June 2025 and directed service of the hearing notice to the Plaintiff. On 23 rd June 2025, the Plaintiff or counsel were not present. Mr.…
…The hearing notice is dated 23 rd May 2025 and it was served on 23 rd May 2025 at 15:12pm through litigation@mitullahshakolaw.com . This court has no reason to doubt that service of the hearing notice was properly done.…
Division and case type: Environment and Land CourtCivil Suit
…Further that when the hearing notice was served on 28th May, 2024, the same was received by a pupil in Mr.Ondieki’s office who also failed to diarize the same in his master diary.…
…She further stated that when the matter was scheduled for 2nd October 2024, the parties were granted 21 days each to file further documents and that the court ordered her to serve hearing notice.…
Division and case type: Environment and Land CourtCivil Suit
…Only one hearing notice was attached to that affidavit of service and it indicated that hearing was to be on 27/9/2021.…
…However, the hearing notice was addressed to the already retired advocates, Muranje & co Advocates and not Richard O. & Co Advocates the latter who had taken up the matter from the former before the date of the hearing notice…
Division and case type: Environment and Land CourtCivil Suit
…It is averred that the suit proceeded on 23/5/2022 but with no service of a hearing notice or case management served upon the said Advocate.…
…The 1st Defendant maintains that he was not served with the hearing notice to the same.…
Division and case type: Environment and Land CourtCivil Suit
…In the submissions, the Applicant states that non attendance was due to non service of the hearing notice.…
…I have gone through the CTS and cannot find any evidence of service of hearing notice for 3rd March, 2025.…
Division and case type: Environment and Land CourtCivil Suit
…The application is founded on grounds inter alia that the hearing notice was served upon the applicant’s erstwhile advocates but their clerk inadvertently failed to diarise the same.…
…He has deposed that the firm was served with a hearing notice on 23 November 2023 for hearing of the suit on 26 February 2024 but due to inadvertence he failed to diarize the matter. He regrets what happened. 3.…
Division and case type: Environment and Land CourtCivil Suit
…followed it up with no defence and who kept that fact away from it; also the same advocates never informed the applicant of the hearing scheduled for 26/6/2018 and they also never attended it. the defendant avers that no hearing…
…notice was ever served on it and that it came to know of the case when it had been concluded.…
Division and case type: Environment and Land CourtCivil Suit
…(b) That the hearing notice for 26th October 2023 was not served upon the Plaintiff’s advocate. (c) The Applicant wishes to proceed with her case on merit.…
…Only Mr Kisera learned counsel for the 2nd defendant was present and he court directed that the plaintiff/applicant be served with hearing notice. 10.Clearly, there is nothing on record to show that the plaintiff was served…
Division and case type: Environment and Land CourtCivil Suit
…It was further stated that no mention notices and hearing notices were served upon the Attorney General’s office before the suit proceeded for hearing.…
…The court is of the view that the Attorney General’s complaint that he was not served with mention notices and hearing notices is merely a red-herring and a continuation of the delaying tactics referred to above.…
Division and case type: Environment and Land CourtCivil Suit
…It was further stated that no mention notices and hearing notices were served upon the Attorney General’s office before the suit proceeded for hearing.…
…The court is of the view that the Attorney General’s complaint that he was not served with mention notices and hearing notices is merely a red-herring and a continuation of the delaying tactics referred to above.…
Division and case type: CriminalCriminal Appeal
…A NO 320 of 1990) ORDER OF THE COURT The appellant has not appeared though served with the hearing notice on 15th February, 1993 at 2.15 p.m.…
Division and case type: High Court DivCivil Suit
…The defendants counter-claim is fixed for hearing on 14.7.2025. the defendant’s counsel is hereby directed to issue a hearing notice to the plaintiff’s advocates. Dated at Bungoma this 17 th day of June 2025 M.S.…
Division and case type: Environment and Land CourtCivil Suit
…Hearing Notice to issue. Dated this 9th day of December 2024.…
Division and case type: Environment and Land CourtCivil Suit
…Amadi was served with hearing notices but never attended court despite service. It was argued that the 1st defendant has always been aware of the progress of the suit.…
…notice for 22.01.2025.…
Division and case type: Environment and Land CourtCivil Suit
…Affidavit of Service sworn on 28th February, 2026 shows that parties were served with hearing notice for hearing of the application on 18th May, 2026. There was no response filed to the application.…
Division and case type: Environment and Land CourtCivil Suit
…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.…
…He disputes the Applicant’s explanation for non-attendance, terming it contradictory and untruthful, and maintains that there was proper service of the hearing notice as evidenced by an affidavit of service on record.…
Division and case type: Environment and Land CourtCivil Suit
…notice; that the applicant’s counsel and himself attended court and the hearing was confirmed to start at 10.30 am; that when the matter was called for hearing, the applicant and her counsel were not on the session and the…
…record confirm that the suit was fixed for hearing on 31st October 2024, but was rescheduled to the 30th January 2025, in the presence of counsel for the applicant, who subsequently reportedly served the respondent with a hearing…