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 Appeal
…It was ordered that the application be heard inter-partes on August 10 1988, on which date after the hearing inter-partes, the High court ordered that the ex parte order do remain in force and that the hearing interpartes…
…At the commencement of the hearing inter partes, Mr Alibhai for the defendants, raised a preliminary objection to the effect that as the appellant firm was under receivership, its directors could not bring an action against…
Division and case type: CivilCivil Case
…Gatonye filed a formal application for stay of execution pending appeal and a temporary stay of execution pending appeal was granted pending the hearing of the application.…
Division and case type: CivilCivil Case
…Gatonye filed a formal application for stay of execution pending appeal and a temporary stay of execution pending appeal was granted pending the hearing of the application.…
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
…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 Suit
…(Inote that during the hearing of this case the defendant wasrepresented by Mr.…
Division and case type: CivilCivil Appeal
…At the hearing of this appeal, there were two other interested parties who appeared by advocates and who wished to be heard.…
…This Court on the conclusion of the hearing arrived at the unanimous decision which was delivered under rule 32(5) of the Rules of this Court allowing the appeal with costs and setting aside the orders made by the Election…
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…
Division and case type: CivilCivil Appeal
…that “this court has the jurisdiction to entertain this claim in rem” on the basis of assumptions or inferences in favour of the plainti when such assumptions or inferences were not only not canvassed before him on the hearing…
…The order for the arrest of the ship was made by Githinji, J on 5th December, 1988, after a brief hearing in Chambers. 81.…