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…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…

…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…

…The appellant filed a petition of appeal and during the hearing put in what he called submissions but which are in effect a repeat of the contents of the petition of appeal.…

…Upon our consideration of the proceedings in the two lower courts and hearing the submissions of the appellant we cannot find any such error. In the result this appeal is ordered to be dismissed with costs.…

…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.…

…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.…

…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.…

…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.…

…During the hearing of appeal, the applicant was represented. He must have been notified of the result of his appeal either by his advocate or his wife.…

…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.…

…The Judge adjourned the hearing to the 27th July, 2007 to enable him write a summing-up to the two remaining assessors.…

…At the hearing of the appellant’s application, his case was that in 1973 he purchased the suit land from the respondent.…

…Indeed, at the hearing of this appeal he contended that the trial judge did not consider the duration he (appellant) had been in occupation of the suit land nor did he consider his having purchased this land.…

…The magistrate was duty bound after hearing the evidence to declare the position in law.…

…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…

…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…

…Submissions [13] At the hearing of the appeal, learned Counsel for the appellant, Mr. O.…

…At the hearing it was contended that order 5 rule 12 of the rules had not been complied with.…

…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.…

…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.…

…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.…