Case law
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Division and case type: CivilCivil Appeal
…The motion was fixed for hearing on 17th November, 1993, but on account of some confusion of the hearing date on the part of the Corporation’s advocates the hearing could not proceed on that date.…
…The motion was then fixed for hearing for 1st December 1993.…
Division and case type: CivilCivil Appeal
…Khaminwa, complained at the start of the hearing of the appeal that the record of appeal contains illegible pages which rendered the record of appeal incompetent. He relied on Rule 13 of the Rules of this Court. Mr.…
…This appeal to be listed for hearing during the next session in Mombasa. Dated and delivered at Mombasa this 26th day of July, 1995 J. M. GACHUHI ………………….. JUDGE OF APPEAL R. S. C. OMOLO …………………. JUDGE OF APPEAL A. A.…
Division and case type: CivilCivil Appeal
…Both the applications which had been served upon the Appellant’s advocate were fixed for hearing on 30th march 2006 before the Principal Magistrate who had jurisdiction in the matter.…
…Thereupon counsel for the Appellant walked out after his oral application for stay of the proceedings to enable him appeal against that order to proceed with the hearing of the applications was refused.…
Division and case type: CivilCivil Appeal
…I am not hearing the Review application. I will, therefore, resist thetemptation to go into the merits. I must stress however, that litigations musthave their final end.…
…However, where such a Judge is nolonger attached to the Court the review may be heard by any other Judgeattached to the court at the time it is called up for hearing.…
Division and case type: CivilCivil Appeal
…There is today before me, the mention of Appeal No 31 of 1987 for directions as to the hearing of the same. It is necessary for me to recapitulate the courts’ history of the litigation involved.…
…Before the Court of Appeal could list the appeal for hearing, a letter dated the 16th March, 1987 was received from Advocate Mr Khaminwa by the Registry objecting to Judges of Appeal Nyarangi, Platt and Gachuhi to sit in…
Division and case type: CivilCivil Appeal
…Hearing to go on.”…
…At the hearing of that application before Kuloba, J. on 3rd December, 1998, Mr.…
Division and case type: CivilCivil Appeal
…Thereafter, the Tribunal file got lost and the appeal could not be processed for hearing.…
…By a ruling dated 11th June, 2004, the superior court ordered that the dispute be taken back to the Tribunal for hearing de novo and that the appeal be marked as withdrawn with each party bearing its own costs.…
Division and case type: CivilMiscellaneous Application
…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.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Appeal
…They took the hearing dates of 25th and 26th June, by consent.…
…On the same day a hearing date for this appeal was by consent fixed for 21st and 22nd October, 1998 at 9:30 a.m. Mr.…
Division and case type: CivilORIGINATING SUMMONS
…On the application of the applicant’s counsel this matter is hereby transferred to Nakuru High Court for hearing and disposal. 2.…
…That there be a stay of the subordinate Court’s order pending the hearing and final determination of the originating motion to be heard today at 3:00 p.m. before the Nakuru High Court.…
Division and case type: CivilCivil Appeal
…Both applications were listed for hearing on the same day the April 10, 1985.…
…When the hearing went on before the arbitration, they were not present and yet the District Officer proceeded to hear the matter in their absence, giving away a piece of land to the claimant.…
Division and case type: CivilCase number Civil Application
…He submitted that all he was entitled to was what he had spent necessarily and properly on paying the fees for filing documents and serving them and the expenses of attending the hearing of the application and the reference…
…There in the Schedule will be found a provision that the Deputy Registrar must allow the reasonable expenses of a party who appeared in person at the hearing of an application or an appeal ( and those of witnesses who give…
Division and case type: CivilCivil Case
…The Defendant’s were duly served with a hearing notice but did not attend court for the hearing which therefore proceeded ex-parte.…
Division and case type: CivilCivil Appeal
…Whether or not the ex parte injunction order had lapsed at the time the hearing took place, does not invalidate the hearing of the application inter partes.…
…This court granted, at first, an interim ex parte order till the hearing of the application inter partes in the Civil Application No 69 of 1986.…
Division and case type: CivilMiscellaneous Application
…On 2nd day of July, 1999 he filed this application under rule 47 of the Rules of this Court seeking that his application be set down for hearing as a matter of urgency.…
…In that regard I will exercise my discretion in favour of the applicant and order that the application be fixed for hearing before the full Court urgently. Costs in the application.…
Division and case type: CivilCivil Appeal
…Khaminwa, complained at the start of the hearing of the appeal that the record of appeal contains illegible pages which rendered the record of appeal incompetent. He relied on Rule 13 of the Rules of this Court. Mr.…
…This appeal to be listed for hearing during the next session in Mombasa. Dated and delivered at Mombasa this 26th day of July, 1995 J. M. GACHUHI ………………….. JUDGE OF APPEAL R. S. C. OMOLO …………………. JUDGE OF APPEAL A. A.…
Division and case type: CivilCivil Appeal
…The court made the order asked for and the plaintiff’s suit was dismissed even though the particulars had been supplied before the hearing date of the defendant’s application, and notwithstanding also the plaintiff’s offer…
…we would allow the appeal, set aside the order made by the learned judge, and direct that, subject to any further necessary interlocutory applications whether relating to particulars or other matters, the suit proceed to hearing…
Division and case type: CivilCivil Appeal
…That application came up for hearing before a single judge of this Court (Muli, J.A.), who on 2nd June, 1993 granted the extension sought and ordered further that the intended appeal be filed within 60 days from the date…
…Civil Appeal No. 34 of 1994 came up for hearing first on 17th July, 1997 when the court drew the attention of the applicant's counsel to the fact that order of Muli J.A extending time to file the notice and the record of…
Division and case type: CivilCivil Case
…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…