Case law
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Division and case type: CivilCivil Appeal
…The appellant through his advocate in opposing the application has deposed that the delay in setting the appeal down for hearing has been occasioned by the failure of the court to avail the proceedings of the trial court…
…In the first situation, if within 3 months after the giving of directions the appeal has not been set down for hearing by the appellant, the respondent may elect either to set it down for hearing himself or apply for its…
Division and case type: FamilySuccession Cause
…He therefore stated that the applicant should prove its claim at the hearing of the petition and denied that the deceased’s estate was being wasted.…
…Whatever amount it is, that claim can only be established upon hearing viva voce evidence when the petition and the other pending applications will be listed for hearing.…
Division and case type: CriminalCase number Criminal Application
…The applicant applied to be released on bond pending the hearing and determination of the case.…
…application, the applicant was previously charged with the same offence before the Chief Magistrate’s Court Nakuru before the proceedings were terminated and then transferred to the Naivasha Chief Magistrate’s Court for fresh hearing…
Division and case type: CriminalCriminal Case
…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.…
Division and case type: CriminalCriminal Appeal
…He sought admission to bail pending the hearing and determination of the appeal.…
…December, 2016 namely, that the appeal's chances of success were not overwhelming, no exceptional circumstances existed that would justify a grant of bail and finally that there was no reason to anticipate a delay in the hearing…
Division and case type: CivilCivil Case
…On the application of the applicant’s counsel this matter is hereby transferred to Nakuru High Court for hearing and disposal. 2.…
…That there be a stay of the subordinate Court’s order pending the hearing and final determination of the originating motion to be heard today at 3:00 p.m. before the Nakuru High Court.…
Division and case type: CivilCivil Case
…When this application came up for hearing on 11th March, 2002 a consent order was recorded to the effect that the boundary be fixed as prayed.…
…He said that the suit should go on to full hearing so that the surveyors can be cross-examined as there was a Defence and a counter-claim.…
Division and case type: CivilCivil Appeal
…At no time has there been any inter-partes hearing of any application filed before the learned Senior Resident Magistrate.…
…The learned magistrate therefore rightly made an order for stay of execution pending the hearing of the application to set aside the ex-parte judgment. That application was to be heard on the 24th of May, 1991.…
Division and case type: Constitutional and Human RightsPetition
…court be pleased to make an order compelling the respondents to pay the children’s school fees directly to the school instead of giving the applicants the money for the school fees on behalf of the children pending the hearing…
…and determination of the suit. (2) That the honourable court be pleased to make an order compelling the respondent to directly provide the children’s basic needs without going through the applicants pending the hearing and…
Division and case type: CivilCivil Case
…However, when the case came up for hearing on April 8, 2003, Mr. Makori who was holding brief for Mr. Manek for the Defendant sought adjournment to enable Mr. Manek to apply to withdraw from acting for the Defendant.…
…The hearing then proceeded without the participation of the Defendant.…
Division and case type: CivilMiscellaneous Application
…court be pleased to make an order compelling the respondents to pay the children’s school fees directly to the school instead of giving the applicants the money for the school fees on behalf of the children pending the hearing…
…and determination of the suit. (2) That the honourable court be pleased to make an order compelling the respondent to directly provide the children’s basic needs without going through the applicants pending the hearing and…
Division and case type: CivilCivil Suit
…a defendant or a defendant’s agent has been convicted by a Court of law such defendant would not be right to say that he has been ambushed or taken by surprise when such conviction is introduced and provoked during the hearing…
…Plaintiff still complains of pains on shoulders, chest and loss of hearing in right ear. Doing the best I can I would assess general damages at Shs 125,000/-.…
Division and case type: CivilCivil Case
…I accordingly reject the objection, and allow the applicant to present his originating summons for hearing on the merits of the case, and for each party to give evidence upon which the case shall be decided and disposed of…
…The parties may take hearing dates. Orders accordingly. Dated and Delivered at Meru this 17th day of November, 1993 R.C.N. KULOBA ………………. JUDGE…
Division and case type: CriminalCriminal Appeal
…At the hearing of the appeals, both of them were, with consent of the appellants, consolidated and heard together as one.…
…The proceedings show that Inspector Chebii continued to prosecute the case upto the date when the hearing was concluded.…
Division and case type: FamilySuccession Cause
…NAIROBI/BLOCK 263/1163 in Nairobi by the 1st, 2nd and 3rd Respondents, their agents, servants or whomsoever acting on their behalf pending the hearing and determination of the Petition herein. d.…
…NAIROBI/BLOCK 263/1163, in Nairobi, record of Ownership of the said parcels together with a record of all transactions on the said parcels pending the hearing and determination of the Application and Petition. e.…
Division and case type: CriminalCriminal Case
…Pursuant to Section 200(1) of the Criminal Procedure Code, I took over the hearing following the transfer of the trial judge to Nairobi.…
Division and case type: CivilCivil Case
…If the applicant will not soon suffer serious consequences in the period prior to the hearing, or the danger is not urgent and imminent, the next question to ask is, is the case very strong?…
…A different picture may, or may not emerge at the hearing of the suit. I must keep my mind open till then.…
Division and case type: CivilCivil Appeal
…During the hearing of this appeal, Counsel for the appellant argued ground number 2 and number 4 and raised the following issues.…
Division and case type: FamilySuccession Cause
…The applicant is seeking Prayer No.3 which seeks the following orders:- “ That pending the hearing and determination of the cause, the Honourable Court be pleased to issue an order, restraining the Objector JONATHAN M’NKANATA…
Division and case type: CivilCivil Case
…The Plaintiff and his witnesses goes on to say that before the Defendants left, the 1st Defendant told the 2nd Defendant at their hearing that he was the one who had sold to them the said piece of land.…