Case law
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Division and case type: CivilCivil Suit
…Rule 1 (2) of Order 22 of the Civil Procedure Rules require at least seven days before the day of hearing the Garnishee order nisi shall be served on the Garnishee.…
…According to the affidavit on the Return of Service it is deponed that the Garnishee was served on October 17, 1990 for hearing on October 23, 1990.…
Division and case type: CivilCivil Suit
…The preliminary objection as I understand it is to the hearing the suit itself on the grounds that the plaintiff failed to challenge award delivered in Succession Cause No. 46 of 1981 in time or at all.…
…Civil Application number 620 of 1992 by consent of both parties the High Court ordered that Succession Cause No. 46 of 1981 for transferred to this court as registered as a succession cause and thereafter proceed to hearing…
Division and case type: CivilCivil Suit
…of appeal and the appeal be admitted of time at the High Court of Kenya at Nakuru ( Masime J ) dated December 3, 1983 In High Court Civil Case No 235 of 1982 RULING The applicant was duly served with the notice for the hearing…
…The application was then stood over to this morning hoping that in the meantime the applicant would make enquiries so as to be notified of this morning’s hearing. There is no appearance again today.…
Division and case type: CivilCivil Suit
…Alternatively, it seems, for it is not entirely clear, Mr Khanna, moves for an order that the executors of the deceased be substituted now and the hearing of the appeal be deferred pending the production of their grant of…
…probate, or the substitution and the hearing be deferred until the executors have obtained grant of probate.…
Division and case type: CivilMiscellaneous Application
…of appeal and the appeal be admitted of time at the High Court of Kenya at Nakuru ( Masime J ) dated December 3, 1983 In High Court Civil Case No 235 of 1982 RULING The applicant was duly served with the notice for the hearing…
…The application was then stood over to this morning hoping that in the meantime the applicant would make enquiries so as to be notified of this morning’s hearing. There is no appearance again today.…
Division and case type: CivilMiscellaneous Application
…The applicant can still challenge the proceedings before the tribunal which has already made orders which he claims were made without according him a hearing. In the Tribunal, he can challenge its jurisdiction.…
…Land Court: Provided that the Environment and Land Court may, where it is satised that there is sucient reason for so doing, extend the said period of thirty days upon such conditions, if any, as it may think t. (2) In hearing…
Division and case type: CivilMiscellaneous Application
…At the commencement of the hearing of this application, one of the counsels for the applicant, Mr.…
…The right to a fair hearing is a rule of universal application in the case of administrative acts of decisions affecting rights - see the case of Ride v. Baldwin , (1964) A.C. 40.…
Division and case type: CivilCivil Suit
…Summons for directions is a step in the suit in preparation for the hearing of the suit.…
…It is in directions given on a summons that the court states where the suit will be heard, the length of the hearing and the issues to be canvassed during the hearing. Hence the statement I rule 5 (b) in the High Court.…
Division and case type: CivilMiscellaneous Application
…On 2nd day of July, 1999 he filed this application under rule 47 of the Rules of this Court seeking that his application be set down for hearing as a matter of urgency.…
…In that regard I will exercise my discretion in favour of the applicant and order that the application be fixed for hearing before the full Court urgently. Costs in the application.…
Division and case type: ELRCMiscellaneous Application
…That pending the hearing and determination of the petition herewith, this Court be pleased to issue a conservatory order restraining the Respondents, their agents, servants, employees, or assignees from all further implementation…
…That to facilitate the expedient determination of this application and petition substantively, this court be pleased to issue an order of status quo prevailing at the time of ling pending the hearing and determination of…
Division and case type: CivilCivil Suit
…The motion first came for a hearing on 25th April, 1989. Mr Mburu appeared for the applicant, while Mr Paul Kiambo appeared for the respondent, the defendant in the action.…
…He was allowed time up to 4th May, 1989, when the application next came for a hearing. He came up with a very recent English case of Rush & Tompkins Ltd v Greater London Council and Another [1988] 3 All ER 737.…
Division and case type: CivilCivil Suit
…a defendant or a defendant’s agent has been convicted by a Court of law such defendant would not be right to say that he has been ambushed or taken by surprise when such conviction is introduced and provoked during the hearing…
…Plaintiff still complains of pains on shoulders, chest and loss of hearing in right ear. Doing the best I can I would assess general damages at Shs 125,000/-.…
Division and case type: CivilMiscellaneous Application
…Before doing so, however, I must state that at the commencement of hearing the substantive application, Mr Deverell, advocate for the applicant, applied that I should disqualify myself from hearing the same.…
…Lord Hewart CJ clearly thought that the acting magistrates’ clerk’s involvement in the civil proceedings was such that he should never have participated in the hearing before the magistrates and went so far as to indicate…
Division and case type: CivilCivil Suit
…restraining the Defendant/Respondent, by himself, his servants or agents from alienating, wasting and/or in any other way interfering with the Plaintiff’s quiet enjoyment of the Plot known as Ngong Township/1/41 pending the hearing…
…The validity or otherwise of the Applicant’s title is an issue for the main hearing and should not concern the Court at this stage.…
Division and case type: CivilMiscellaneous Application
…court be pleased to make an order compelling the respondents to pay the children’s school fees directly to the school instead of giving the applicants the money for the school fees on behalf of the children pending the hearing…
…and determination of the suit. (2) That the honourable court be pleased to make an order compelling the respondent to directly provide the children’s basic needs without going through the applicants pending the hearing and…
Division and case type: CivilCivil Suit
…different advocate the applicant filed an application under a certificate of urgency seeking orders that the respondent be restrained from dealing with the suit land in any manner, taking possession, included, pending the hearing…
…Application for review being of course the main application in that if granted there would be no need for hearing the application for eviction or the application for enlarging of time.…
Division and case type: CivilCivil Suit
…Originally as the plaint stood, Coast Hauliers were not even a party to the suit and it was only during the course of the hearing that Mr Khanna who appeared for the then sole plaintiff ie Highway carriers Ltd realised that…
…He has not even appeared at the hearing. www.kenyalawreports.or.ke Nevertheless this court does not dispense justice in the abstract. The justice it dispenses must be in accordance with the law.…
Division and case type: CivilMiscellaneous Application
…Khamoni J after hearing the applicant's counsel, Mr Letangule came to the conclusion, quite properly in our view, that the application before him was unmeritorious and dismissed the same with costs.…
Division and case type: Milimani Commercial CourtsCivil Suit
…The Respondent’s Advocate did not attend court despite service with the hearing notice.…
…The Defendant’s Advocate did not appear for the hearing of the application. The Court of Appeal held: “(2).…
Division and case type: CivilCivil Suit
…This application was not heard and on 18.5.2000 the counsels informed the court that they had agreed to go on with the case without hearing this application.…
…In the course of the hearing I was told that most of the plaintiffs are still working although some had left the company.…