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…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…

…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.…

…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.…

…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.…

…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.…

…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/-.…

…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.…

…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.…

…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.…

…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).…

…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.…

…One of the basic issues that will stand to be decided when the main suit finally comes to hearing is whether the meetings of the 20th and 30th April, 1990 were valid.…

…It must be however, be borne in mind that the hearing was not the hearing of the main. What the applicants needed to establish among others being that they have a prima facie case with a probability of success.…

…The balance of the claim of Kshs 23,590,400.00 be determined upon the hearing of the notice of motion dated 4/5/98. 4. Costs of today’s application be in the cause. 5. Hearing on 24/7/98 of the application dated 4/5/98.…

…That there be a stay of execution of the court’s judgment pending the hearing of this application. 3.…

…The plaintiff may now set down his application for an order to strike out the defence for hearing. Dated and Delivered at NAIROBI this 6th Day of September, 1988 G.S. PALL …………. JUDGE…

…CORPORATION ….RESPONDENT COMBINED WAREHOUSE/ALLIED WHARFAGE….RESPONDENT RULING This is an application for stay of the execution of the Ruling of this court dated the 16th of June, 1995 and the orders made therein pending the hearing…

…CORPORATION ….RESPONDENT COMBINED WAREHOUSE/ALLIED WHARFAGE….RESPONDENT RULING This is an application for stay of the execution of the Ruling of this court dated the 16th of June, 1995 and the orders made therein pending the hearing…

…The main application may be relisted for hearing at an early date as there is a Certicate of Urgency. DATED THIS 19TH DAY OF APRIL, 1999. P. N. WAKI JUDGE…

…To succeed an applicant must, firstly, show a prima facie case in the suit with a probability of succeeding when it will come for hearing.…

…For that reason at the reading of this ruling and to ensure that justice is met on behalf of the 1st and 2nd defendant the court will give a hearing date for the notice to motion dated 27th of July 2006.…