Case law
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Division and case type: CivilCivil Case
…DEFENDANT RULING This case was on 24th February, 1989, posted to come for hearing with effect from 21st November, 1989, for four days.…
…The application was posted to come for hearing on the day the hearing of the suit was to commence. Consequently it became necessary to consider it before embarking on the hearing of the suit.…
Division and case type: Milimani Commercial CourtsCivil Case
…Before the commencement of the hearing of this suit, the parties produced before us, by consent, the Deed as exhibit 1, a bundle of correspondence as exhibit 2 and yet another bundle of correspondence with the Chief Kadhi…
Division and case type: CivilCivil Case
…The hearing proceeded ex parte because neither the defendants nor their advocates appeared. Nor was there any explanation as to their nonattendance.…
…He, therefore, went to see a dentist on the morning of the hearing date with the result that he was not able to attend. That ground was given much later after this application had been filed.…
Division and case type: GeneralUnclassified
…APPELLANT AND MEA LIMITED ........................................RESPONDENT (An application for stay of execution of the order and decree pending the lodging and hearing of an intended appeal from the ruling and order of…
…The applicant will pay the respondent Shs 600,000/= per month with effect from 1st May, 1999 pending the hearing and final determination of the intended appeal. Costs of the application to be in the appeal.…
Division and case type: GeneralUnclassified
…APPELLANT AND MEA LIMITED ........................................RESPONDENT (An application for stay of execution of the order and decree pending the lodging and hearing of an intended appeal from the ruling and order of…
…The applicant will pay the respondent Shs 600,000/= per month with effect from 1st May, 1999 pending the hearing and final determination of the intended appeal. Costs of the application to be in the appeal.…
Division and case type: CivilCivil Case
…restraining the defendants whether by themselves individually or collectively or by their servants or agents from selling and transferring any of their shares in a company known as Umoja Enterprises Limited pending the hearing…
…Applying these principles to the present application and upon a full examination of the pleadings, the affidavits filed in support and in opposition and the annexures thereto and after hearing the viva voce testimony of the…
Division and case type: CivilCivil Case
….…...RESPONDENT RULING The Notice of Motion application which came for hearing was filed in court on 23rd March 1988. Exparte orders had been granted to the applicant on 7/3/88.…
…It was the inter-parte hearing which came before me.…
Division and case type: CivilCivil Case
…RESPONDENT RULING This is an application for stay of execution pending the hearing and determination of an intended appeal. It is made under O XLI rule 4 of the Civil Procedure Rules.…
Division and case type: GeneralUnclassified
…Upon this, we do not consider that they have an arguable appeal to this Court against the order of the superior which they now seek to have stayed under rule 5 2(b) of the Rules of this Court pending hearing and disposal…
Division and case type: GeneralUnclassified
…RESPONDENT R U L I N G By an application dated 14th July 2005 brought under section 357 (1) of the Criminal Procedure Code, David Wainaina Mubea (hereinafter referred to as the applicant) seeks to be admitted to bail pending the hearing…
Division and case type: Milimani Commercial CourtsCivil Case
…COURT OF KENYA AT NAIROBI CIVIL CASE NO 772 OF 1984 AURORA BAKING COMPANY (1975) LTD………………PLAINTIFF/APPLICANT AND PHENNTHA WANINGI AND 3 OTHERS………….DEFENDANTS/RESPONDENTS RULING By an order of this court dated 19.11.84 the hearing…
…should have gone to the Deputy Registrar of this court in regard to the plaintiff/applicant’s application file din this court on 13.11.84 when by the order of this court dated 19.11.84 the said application was coming up for hearing…
Division and case type: CivilCivil Case
….…..PLAINTIFF VERSUS LIMURU PYRETHRUM GROWERS CO-OP LTD & 9 OTHERS…… DEFENDANTS RULING At the opening of the hearing inter partes of an application by the plaintiffs for an injunction, the counsel for the defendants took…
…The order sought having been granted on the ex parte application a hearing inter partes of the same was fixed for 4th May 1989 when the preliminary objection was taken as stated above.…
Division and case type: Milimani Commercial CourtsCivil Case
…Following interpartes hearing of that injunction application interlocutory injunction was issued on 17th September 2003 pending the determination of this suit.…
…Once that injunction was granted the plaintiff took no action either in undertaking discovery or in setting down the suit for hearing.…
Division and case type: CivilCivil Case
…The suit came for hearing on three different occasions, thereafter, but was on each occasion adjourned for one reason or another.…
…It was called and was listed to come for hearing on 9th and 10th May, 1989. On 9th May 1989 the suit was called.…
Division and case type: CivilCivil Case
…The main ground upon which the application has been based is that they were not served with a hearing notice informing them of the date of trial. This suit was fixed to come for a hearing on 2nd March, 1989.…
…Consequently it became necessary to issue and serve upon them a hearing notice.…
Division and case type: CivilCivil Case
…I am not hearing the Review application. I will, therefore, resist thetemptation to go into the merits. I must stress however, that litigations musthave their final end.…
…However, where such a Judge is nolonger attached to the Court the review may be heard by any other Judgeattached to the court at the time it is called up for hearing.…
Division and case type: CivilCivil Case
…Mr PL Otieno who appeared for the defendants in the application before me also submitted that no hearing notice was given to the 2nd defendants for the hearing on 9th December, 1987.…
…He refused to sign the hearing notice and attached to the return of service is a hearing notice which clearly informed the 2nd defendant that the case had been set for hearing on the 9th December, 1987 at 8.30 am.…
Division and case type: CivilCivil Case
…Thereafter the suit became ripe for hearing but no date for that purpose appears to have been fixed.…
…That application was listed for hearing on April 14, 1983.…
Division and case type: GeneralUnclassified
…Respondents (Being an application for variation of conditions for stay made on 8th August, 2000 and for an injunction in form of a stay pe nding the hearing and determination of an Appeal from a decision of the Honourable…
…We think we should confirm these orders but with certain minor variations as follows: 1.The applicant shall, within 21 (twenty one) days of the date hereof pay to the respondent the su m of Shs.2,300,000/= pending the hearing…
Division and case type: CivilCivil Case
…When this case came up for hearing on the 10.5.99, the advocate for the defendant stated he did not bring his witnesses to court. The reasons being that the parties were negotiating on out of court settlement.…
…The parties were given time to verify their facts and to return to court to either record a settlement or to continue with hearing. After adjournment the hearing proceeded on 10.5.99 and adjourned to 11.5.99.…