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…The magistrate was duty bound after hearing the evidence to declare the position in law.…

…The deceased and her husband, Henry Okoth (PW 2), testified at the hearing while the appellant called its legal Assistant; Samwel Njoroge (DW 1) as a witness.…

…During the hearing before the trial magistrate the respondent testified that he was injured whilst traveling in the subject vehicle, pursuant to which he filed Civil Suit No.5808 of 1993 and obtained judgment in his favour…

…It probably meant the determination of the proper boundary after hearing the parties.…

…second figure was arrived at by an assumption of early retirement, leading to the use of a multiplier of ten years or 120 months, and a multiplier of Kshs 2805 per month, being the respondent’s earnings at the date of the hearing…

…More recently, however, this court has held that it will not lightly differ from the findings of fact of a trial judge who had had the benefit of seeing and hearing all the witnesses, and will only interfere with them if…

…Mr Lakha who appears with Mr Makhecha for the plaintiff at the hearing of the motion submits that if the facts are admitted in the pleadings and / or in the correspondence the plaintiff is entitled to an interlocutory judgment…

…Mr Nowrojee submitted that the defendants were entitled to have not only matters of fact but also questions of law dealt with in the normal process, that is at a hearing.…

…Although a defence was filed denying liability no defence witnesses were available on the date of hearing and the learned Judge embarked on proceedings in which the only oral testimony was that of the plaintiff/Appellant,…

…Each of the two defendants filed their written statements of defence denying their liability to the plaintiff but the court need not narrate these defences because when the suit came up for hearing Mr Juma appearing for both…

…The appellant made no application for stay of proceedings but when the case came up for hearing on 12th August 1992, more than four years later, the appellant's Advocate raised the arbitration issue in the form of a preliminary…

…The case came up before me for hearing on 28th June, 1989 and on perusing the record I noticed that there was not much dispute on the facts of the case and accordingly with consent of the advocates for the parties I ordered…

…Each of the two defendants filed their written statements of defence denying their liability to the plaintiff but the court need not narrate these defences because when the suit came up for hearing Mr Juma appearing for both…

…Establishments) Act, cap 301, the Act hereinafter, though the defendant in its defence and counter claim avers in paragraph 6 thereof that – “Notwithstanding what is stated in paragraph 5 above, the defendant shall aver at the hearing…

…However, the Affidavits and the letters exchanged between the representatives of the parties produced before the High Court during the hearing of the Notice of Motion disclosed a divergence of views about the acreage.…

…Unfortunately an indication of how the appellant and his advisers would have interpreted those letters might have been found in Messrs Khaminwa and Khaminwa’s letter of June 27, 1977 but that was neither produced at the hearing…

…At the hearing of this appeal on 27th October, 1993 counsel’s submissions like in the superior court gravitated upon whether or not the letter of 10th May, 1990 constituted sufficient notice under the section mentioned above…

…He presided over the hearing of the dispute and it was decided that the land belonged to Kungu.…

…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…

…The defendant produced in this court the Police Notification of the date of hearing of the Kitale case against the plaintiff (Exb D2) and the Police Bond requiring him to attend the court (Exb D1).…

…Either interlocutory judgment has been entered and damages remain to be assessed, or there is an ex parte hearing of all the issues on liability and damages.…