Case law
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Division and case type: Constitutional and Human RightsPetition
…The petition was filed on January 23, 1996 and fixed for hearing on April 25, 1996 but was stood over generally on that date.…
…The petitioner attended the Registry on August 21, 1997 and fixed the petition for hearing on November 3, 1997 ex parte. The petitioner was not advertised for hearing on that date.…
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: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONPetition
…(f) The Orders sought herein will enable this Honourable Court to adjudicate upon and settle matter after hearing all the parties that may be affected by the ruling or judgment delivered by this Honourable Court.” 8.…
…The Interim Order is extended until hearing of the petition or until further orders of the Court. 17. Costs in the Cause. DATED AND DELIVERED THIS 28TH DAY OF DECEMBER 2016. EDWARD M. MURIITHI JUDGE Appearances: Mr.…
Division and case type: Anti-CorruptionPetition
…That this Honourable Court be pleased to stay its orders made on 2nd July, 2015 pending the hearing and determination of this Application. c.…
…Nyamu to submit that if the conservatory order is not granted, the Petitioner would be denied the right to a hearing.…
Division and case type: Constitutional and Human RightsPetition
…Simultaneously, the Petitions led on application under certicate of urgency for the following interim orders:- That pending the hearing and determination of the summons inter partes the court be pleased to issue conservatory…
…That sections 30,31,32,33 and 34 of the constitution of Kenya Review Act2008 be suspended pending the hearing and determination of the Petition. 4. On 18.12.09, the Hon.…
Division and case type: Constitutional and Human RightsPetition
…the provisional liquidator by the order appointing him under Section 235 of the Act: I agree with Mr Gautama that if the application is ordered to be served there must be an interval between the Service and the Interparte hearing…
…I agree with him that it might become difficult to have a fair hearing of the application in the event. It is therefore in the interest of justice that an interim order should be made exparte.…
Division and case type: Constitutional and Human RightsPetition
…In making reference to Constitutional Petition No. 50 of 2020, he indicated that it came up for hearing on 28th July, 2020 before Judge E.…
…It was submitted that the lower court case came up for hearing on 29th July, 2020 but Mr.…
Division and case type: Constitutional and Human RightsPetition
…He sought admission to bail pending the hearing and determination of the appeal.…
…December, 2016 namely, that the appeal's chances of success were not overwhelming, no exceptional circumstances existed that would justify a grant of bail and finally that there was no reason to anticipate a delay in the hearing…
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: 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: Constitutional and Human RightsPetition
…When the two appellants’ appeals from the decision of Bhandari J came before this court for hearing it was disclosed that there was in existence a letter from Mr S K M Mwangi dated June 16, 1984 to the prison authorities…
…The advocate further stated that a memorandum of appeal had been filed and that a hearing date was due to be fixed by the High Court registry.…
Division and case type: Constitutional and Human RightsPetition
…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: Environment and LandPetition
…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
…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: Constitutional and Human RightsPetition
…A number of creditors of the company have given notice of their intention to attend the hearing of the petition.…
…At least, those who appeared at the hearing on 31st October, 1991 lent their strong support to Mr Fraser who conducted the petition on behalf of the petitioner.…
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: Constitutional and Human RightsPetition
…After hearing the Respondent together with the Official Receiver in absence of the applicant, the applicant was dismissed for want 0f prosecution.…
…Applicant knew everything all along i.e. the debt, the judgment in a civil suit giving rise to these proceedings, notice, petition and the hearing.…