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…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.…

…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.…

…His complaint clearly is that the hearing of the case against him will not be within a reasonable time, and also that he shall not be afforded a fair hearing.…

…The applicant contends that two of those prerequisites exist in his case, i.e no hearing within a reasonable time, secondly not a fair hearing in the sense stated above.…

…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…

…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…

…He has lodged an appeal to this court against conviction and sentence and now applies to be released on bail pending the hearing and determination of the appeal.…

…However, since I have seen that there not so many appeals in Mombasa, I cannot see why the hearing of this particular one should take long to dispose of.…

…The applicant seek an order of the court to transfer Nairobi CMCCC No. 8792 of 2007 (Milimani) to Mombasa Chief Magistrate’s Court for hearing and disposal thereof.…

…At the hearing of the application, I heard rival submissions made by Mr. Wena on behalf of the applicant and by Mr. Gachuhi for the respondent. I have carefully considered the said submissions made.…

…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.…

…MCCR/E.034 of 2020, pending the hearing and determination of this revision. 3) To make an order to call for and examine the record of the proceedings in the Chief Magistrate’s court at JKIANairobi in Criminal Case No.…

…Submissions that are common place in trials or hearing of appeals are undesirable.…

…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…

…grounds under which the application was made are that the accused and all the witnesses are residents of Eldoret and it would be unduly expensive for them to keep on traveling to Naivasha whenever the case comes up for hearing…

…It would not be in the interest of justice to have the accused and witnesses travel long distances for the hearing of the case. That would be expensive and may also cause delay in the finalisation of the matter.…

…grounds under which the application was made are that the accused and all the witnesses are residents of Eldoret and it would be unduly expensive for them to keep on traveling to Naivasha whenever the case comes up for hearing…

…It would not be in the interest of justice to have the accused and witnesses travel long distances for the hearing of the case. That would be expensive and may also cause delay in the finalisation of the matter.…

…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.…

…She also claimed that no hearing is allowed in revision proceedings. With due respect we do not think Miss Nyaanga’s submissions are quite correct.…

…As for Miss Nyaanga’s further submission that no hearing is allowed in revision cases if by “hearing” she means submissions, then again she is quite wrong.…

…At the hearing of the application it was not shown to the satisfaction of the learned single judge that judgment had so been entered.…

…But rule 54(2) of the Rules of this Court expressly says that no additional evidence shall be adduced at a full court hearing like the one before us.…

…The appellant did not wish to be present during the hearing of this appeal.…

…Her failure to consider in her judgment the fact that the appellant had refunded the money, he allegedly unlawfully obtained long before the case came for a hearing did not in our view cause any prejudice to the appellant…

…This application before us is for stay of proceedings in the superior court pending the hearing and determination of an intended appeal. There is nothing however to stay under rule 5(2) of the Rules of this court. Mr.…

…This Court duly granted a stay order which effectively restored the status quo on the suit premises pending the hearing of the said application inter parties.…

…At the commencement of the hearing of the said application, learned counsel for the applicant, Mr Shehmi, raised a preliminary point of law challenging the jurisdiction of the court in making a closing order under section…

…That these proceedings be declared null and void for the reasons advanced stated above and further grounds that may be adduced at the hearing hereof in the annexed affidavit of Mwania Kithome and marked “MK1” 2.…

…That matter proceeded on for hearing until on an unclear date, the State entered a nolle prosequi and those proceedings were terminated.…