Case law
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Division and case type: CivilCivil Appeal
…, which in my view can have no other meaning than a reference to the hearing of the petition and not, for instance, to the hearing of an application such as that with which we are concerned in the present case.…
…The consequence of a breach of the rule is that the hearing of the petition is cancelled.…
Division and case type: CivilCivil Case
…There is inherent power to restore a case for hearing after it has been dismissed under order 16 rule 6. 2.…
…It follows from this quotation that there is an inherent power to restore a case for hearing after it has been dismissed under order 16, r 6.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Appeal
…Rimita, J gave him an ex parte order on 4th July, 1994 and set the application down for hearing inter partes on 19th July, 1994.…
…Judge in the presence of counsel for both parties and by consent the order made the previous day confirming the ex parte injunction was set aside and the application by the respondent dated 29th June, 1994, was fixed for hearing…
Division and case type: CivilCivil Appeal
…application for amendment under rule 44 should be heard first by a single judge, as provided by rule 52 of the rules, without prejudice to the full bench’s right to give leave to amend on an informal application during the hearing…
…In the course of the hearing, the second defendant was permitted to amend his defence against the first defendant, by adding a counter-claim, and a fresh agreed statement of facts was put before the court, with a few facts…
Division and case type: CivilCivil Appeal
…He held that this is a matter which should be decided by the Judge hearing the probate cause led by Wamaitha. There can be no doubt that in taking this view, the Judge was right.…
…The facts with which these proceedings are concerned have been the subject of a hearing before the superior court when the plaintis called twelve witnesses and the defendant called nine and the hearing took a total of 30…
Division and case type: CivilCivil Appeal
…judge in assessing general damages failed to appreciate or to consider the fact that although the loss of one eye by itself would not be regarded as so serious an injury as the loss of one hand or one leg or the loss of hearing…
…in one ear, the loss of sight in both eyes would be a lot more serious than the loss of two legs or two hands or the total loss of hearing, and he should have awarded damages in the light of awards for such injuries.…
Division and case type: CivilCivil Appeal
…The application was mainly argued on the point of law as no defence had been filed and even if it was placed on the file at the time of the hearing it was never relied upon by the trial judge in her ruling.…
…Upon the inter partes hearing of the application the learned judge of the High Court in her ruling concluded that the suit against the respondent: “...discloses no reasonable cause of action, and is clearly frivolous and…
Division and case type: CivilCivil Appeal
…The hearing before this Court, is the appeal by the appellant against the judgment of the learned judge of the High Court. His twelve grounds of appeal can be distilled into two main grounds.…
Division and case type: CivilCivil Case
…afforded reasonable facilities to consult a legal representative of his own choice who shall be permitted to make representations to the tribunal appointed for the review of the case of the detained person; and (e) at the hearing…