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…DEFENDANT RULING This case was on 24th February, 1989, posted to come for hearing with effect from 21st November, 1989, for four days.…

…The application was posted to come for hearing on the day the hearing of the suit was to commence. Consequently it became necessary to consider it before embarking on the hearing of the suit.…

…The petition was filed on January 23, 1996 and fixed for hearing on April 25, 1996 but was stood over generally on that date.…

…The petitioner attended the Registry on August 21, 1997 and fixed the petition for hearing on November 3, 1997 ex parte. The petitioner was not advertised for hearing on that date.…

…Rule 1 (2) of Order 22 of the Civil Procedure Rules require at least seven days before the day of hearing the Garnishee order nisi shall be served on the Garnishee.…

…According to the affidavit on the Return of Service it is deponed that the Garnishee was served on October 17, 1990 for hearing on October 23, 1990.…

…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…

…But as noted above the motion was withdrawn on 22.3.9 when a notice of motion by the 2nd respondent, also dated 17.2.93 came up for hearing.…

…So come the hearing day of the 2nd respondent’s motion, and the Court has before it an affidavit of service by one Mr Venant Mwakio Irina sworn on 25.1.93.…

…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.…

…High Court, Nairobi under order 39 rule 1 and 2 of the rules seeking orders that the defendants and each of them be restrained by injunction from removing the body of the deceased from the Nairobi City Mortuary pending the hearing…

…The defendants thereafter hurried to this court and successfully sought the injunction and order granted on January 7, 1987 pending the hearing of the interlocutory appeal.…

…The applicant in his amended application filed on 16th March 1988 sought leave of the court to stay execution of the orders granted in the High court in Miscellaneous Civil Application No. 360 of 1982 pending the hearing…

…It is against this High Court Order that the application is made for stay of execution pending the hearing of the intended appeal. There has been an unexplained delay in the matter.…

…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…

…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.…

…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…

…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.…

…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 This is an application for stay of execution pending the hearing and determination of an intended appeal. It is made under O XLI rule 4 of the Civil Procedure Rules.…

….…...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.…

…Onyango is recorded to have stated as follows: “This hearing date was taken by consent of the parties. This morning I saw the Plaintiff in court.…

…It would appear to us that in this case the application was placed before Hayanga, J. for hearing on that account.…

…of appeal and the appeal be admitted of time at the High Court of Kenya at Nakuru ( Masime J ) dated December 3, 1983 In High Court Civil Case No 235 of 1982 RULING The applicant was duly served with the notice for the hearing…

…The application was then stood over to this morning hoping that in the meantime the applicant would make enquiries so as to be notified of this morning’s hearing. There is no appearance again today.…

…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.…

…She adjourned the application to 26th April 1994 for hearing inter partes.…

…From the directions of the Honourable Chief Justice what is for hearing today is the main suit and not the application. I am prepared for hearing of the main suit.…

…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…