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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.…

…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.…

…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 satised that there is sucient reason for so doing, extend the said period of thirty days upon such conditions, if any, as it may think t. (2) In hearing…

…date, the plaintiff was absent and that he was served with a hearing notice and he was well aware of the hearing it of 3rd February 2025.…

…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.…

…She avers that the case came up for mention on 12 April 2021 and hearing was rescheduled to 21 July 2021 and the hearing date of 22 September 2021 was set aside.…

…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.…

…him with a hearing 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…

…a hearing notice.…

…The Applicant herein was never given a hearing and/or opportunity to be cross-examined during the hearing. ii.   …

…ISSUE NO.1- WAS THE HEARING OF THE CASE EX-PARTE AS ALLEGED BY THE APPLICANT? 11.   …

…The court directed that the hearing start at 10.30am.…

…reopened for further hearing.…

…The court proceeded with the defence hearing after noting that the hearing date was fixed on 24th April 2023 in the presence of Ms Isika, and that Ms.…

…The court then directed that the hearing would proceed the next day, the 18th October 2023.…

…That the hearing notice was served even when the applicants had been represented in court.…

…That the 1st defendant’s advocate were served with a hearing notice physically on 28th May, 2024 for hearing on 2nd October 2024 and that on 20th September, 2024, the plaintiff’s paralegal served the 1st and 2nd defendants…

…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.…

…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.…

…; that he took photos of his clients on the day of hearing, the 16th June 2025, and that his absence was brought about by the confusion of not being familiar with the court’s modus operandi in hearing matters. 2.…

…The court directed that the hearing to commence at noon, but when the matter was called for hearing at 12.05 pm, the defendant and his counsel were absent.…

…He stated that the matter was fixed for hearing by consent of counsel which hearing was scheduled on 14th February 2023 and the applicant cannot therefore purport have not heard the next date the matter was scheduled for…

…hearing, that failure to attend court was intentional hence thus inexcusable.…

…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.…

…The matter was then fixed for defence hearing on 30th November 2023.…

…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.…

…The next time the matter came up in court for hearing was 6 February 2023 but it was not clear if counsel for the applicant had been served with a hearing notice and I adjourned to 5 July 2023.…

…(c)  That, the suit be reinstated and set down for hearing.  (d) That, costs of this Application be provided for.…

…or made aware of the existence of the hearing fixed for 26th October 2023 as noted in Ogada case (supra). . 11.…