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…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.…

…The preliminary objection as I understand it is to the hearing the suit itself on the grounds that the plaintiff failed to challenge award delivered in Succession Cause No. 46 of 1981 in time or at all.…

…Civil Application number 620 of 1992 by consent of both parties the High Court ordered that Succession Cause No. 46 of 1981 for transferred to this court as registered as a succession cause and thereafter proceed to hearing…

…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…

…335 OF 1997 N W...........................................................APPLICANT versus M M.........................................................RESPONDENT R U L I N G There is a Divorce petition still pending for hearing…

…Be that as it may, the application that came before the learned trial magistrate was interlocutory pending the hearing of the divorce petition. Its foundation was the petition which was the substantive suit.…

….…...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.…

…The applicant can still challenge the proceedings before the tribunal which has already made orders which he claims were made without according him a hearing. In the Tribunal, he can challenge its jurisdiction.…

…Land Court: Provided that the Environment and Land Court may, where it is satised that there is sucient reason for so doing, extend the said period of thirty days upon such conditions, if any, as it may think t. (2) In hearing…

….…..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.…

…At the hearing of the application only the alternative prayer was pursued.…

…The issue of bank guarantee is not a new one as it featured during hearing of the application for stay. It was common ground that a bank guarantee automatically expires after a year and would have to be renewed.…

…The defendants did not appear in court on the day of the hearing, though their advocate on record Messrs Macharia and Njore, advocates of Thika, were served with a hearing notice.…

…A copy of a hearing notice was produced in court, showing that they had received it and affixed their stamp at the back.…

…Summons for directions is a step in the suit in preparation for the hearing of the suit.…

…It is in directions given on a summons that the court states where the suit will be heard, the length of the hearing and the issues to be canvassed during the hearing. Hence the statement I rule 5 (b) in the High Court.…

…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.…

…At the commencement of the hearing of this application, one of the counsels for the applicant, Mr.…

…The right to a fair hearing is a rule of universal application in the case of administrative acts of decisions affecting rights - see the case of Ride v. Baldwin , (1964) A.C. 40.…

…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.…

…DEFENDANT RULING This suit was fixed by the plaintiff advocates for hearing today after which he served the defendants counsel with a hearing notice for today.…

…On the day of the hearing of the formal proof, which was 20th December, 2000 neither the plaintiffs nor their lawyer appeared in court, though service had been effected.…

…Finally I have not awarded exemplary damages because this was not proved at the hearing. Dated at Nairobi this 29th day of December, 2000. JOYCE ALU OCH PUISNE JUDGE…

…Professor Ombaka who was content to be addressed as Mr Ombaka had raised objections to the hearing of the preliminary objection and the grounds are contained in a document dated 4 December 1989.…

…The Chamber Summons and the grounds of objection annexed thereto were totally without merit and intended to grevant a fair hearing of the issues raised and are contrary to Public Policy. 2.…

…I invoked order 17 r 10 CPR that reads:- “Where a judge is prevented by death, transfer or other cause from conducting the trial of a suit or the hearing of an application, his successor may deal with any evidence taken down…

…The advocate for the defendant did not appear for hearing on 19.3.96, when he had been duly served. He did mention to the advocate for the plaintiff that he was no longer on record. This is not enough.…

…Professor Ombaka who was content to be addressed as Mr Ombaka had raised objections to the hearing of the preliminary objection and the grounds are contained in a document dated 4 December 1989.…

…The Chamber Summons and the grounds of objection annexed thereto were totally without merit and intended to grevant a fair hearing of the issues raised and are contrary to Public Policy. 2.…

…different advocate the applicant filed an application under a certificate of urgency seeking orders that the respondent be restrained from dealing with the suit land in any manner, taking possession, included, pending the hearing…

…Application for review being of course the main application in that if granted there would be no need for hearing the application for eviction or the application for enlarging of time.…