Case law
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Division and case type: CriminalCriminal Appeal
…The appellant indicated that he waited to be present at the hearing of the appeal and an order was made for his production at the hearing. On the hearing date, the appellant was absent and unrepresented.…
Division and case type: CriminalCriminal Appeal
…On his second appeal to this Court, the appellant exhibited a curious reticence in lodging his memorandum of appeal, and over a year’s delay in the hearing was caused by an alleged hiatus between himself and his advocates…
…When the matter eventually came on for hearing he added to his grounds of appeal to the High Court that the learned Judge had failed to address his mind to the first petition of appeal, and the arguments advanced in support…
Division and case type: CriminalCriminal Appeal
…This is an after thought and although his appeal should correctly, have been admitted to hearing in view of that ground, no court would have accepted his belated explanation in the light of his unequivocal plea of guilty…
…No purpose would, therefore, be served by sending back this appeal to the High Court for admission for hearing.…
Division and case type: CriminalCriminal Appeal
…Simon Nyamai attended the hearing of the appeal and the other appellants did not do so (at their own request).…
…Simon Nyamai added nothing in his submissions during the hearing of the appeal. We must be unmoved by these references to age or health or family obligations by such people.…
Division and case type: CivilCivil Appeal
…Accordingly, we allow this appeal, set aside the award and order that the matter be remitted to the superior court for hearing and disposal by that court. The costs of this appeal are awarded to the appellant.…
Division and case type: CivilCivil Appeal
…Can it embrace not only the clearest cases, but cases when there may be some argument, though the judge feels that they are not sufficient to go for hearing?…
…While the learned judge decided that there were no sufficient grounds to allow the appeal to go to hearing, in our opinion it cannot be said that this is one of the clearest cases.…
Division and case type: GeneralCase
…The hearing went on and this time round, the applicant won. It is this latter decision that the respondent, Sule, asked Tanui, J. to bring before his court by way of certiorari and have the same quashed.…
Division and case type: CriminalCriminal Appeal
…The Judge adjourned the hearing to the 27th July, 2007 to enable him write a summing-up to the two remaining assessors.…
Division and case type: CivilCivil Appeal
…The magistrate was duty bound after hearing the evidence to declare the position in law.…
Division and case type: CivilCivil Appeal
…second figure was arrived at by an assumption of early retirement, leading to the use of a multiplier of ten years or 120 months, and a multiplier of Kshs 2805 per month, being the respondent’s earnings at the date of the hearing…
…More recently, however, this court has held that it will not lightly differ from the findings of fact of a trial judge who had had the benefit of seeing and hearing all the witnesses, and will only interfere with them if…
Division and case type: CriminalCriminal Appeal
…At the hearing of this appeal on 15th June, 1994, Mr Wesa for the appellant submitted that before the appellant assaulted the deceased the latter had already been beaten by the members of the public assembled at Matayo’s…
Division and case type: CriminalCriminal Appeal
…Submissions [13] At the hearing of the appeal, learned Counsel for the appellant, Mr. O.…
Division and case type: CivilCivil Appeal
…At the hearing it was contended that order 5 rule 12 of the rules had not been complied with.…
Division and case type: CivilCivil Appeal
…At the hearing of the application he admitted that the summons was given to his son who stays with him but said that son did not give the summons to him.…
Division and case type: CivilCivil Suit
…He advised the advocates for the parties to get on with the pleadings and then appear before him for early hearing dates for the trial.…