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…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 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…

…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.…

…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.…

…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…

…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…

….…...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.…

…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.…

…The applicant can still challenge the proceedings before the tribunal which has already made orders which he claims were made without according him a hearing. In the Tribunal, he can challenge its jurisdiction.…

…Land Court: Provided that the Environment and Land Court may, where it is satised that there is sucient reason for so doing, extend the said period of thirty days upon such conditions, if any, as it may think t. (2) In hearing…

….…..PLAINTIFF VERSUS LIMURU PYRETHRUM GROWERS CO-OP LTD & 9 OTHERS…… DEFENDANTS RULING At the opening of the hearing inter partes of an application by the plaintiffs for an injunction, the counsel for the defendants took…

…The order sought having been granted on the ex parte application a hearing inter partes of the same was fixed for 4th May 1989 when the preliminary objection was taken as stated above.…

…The suit came for hearing on three different occasions, thereafter, but was on each occasion adjourned for one reason or another.…

…It was called and was listed to come for hearing on 9th and 10th May, 1989. On 9th May 1989 the suit was called.…

…The main ground upon which the application has been based is that they were not served with a hearing notice informing them of the date of trial. This suit was fixed to come for a hearing on 2nd March, 1989.…

…Consequently it became necessary to issue and serve upon them a hearing notice.…

…The suit came up for hearing before a District Magistrate III. The appellant raised a preliminary objection that the suit was time - barred. This was upheld and the suit dismissed.…

…On hearing day 19.5.94, Mr. Muthusi appeared for Dr. Mutunga and applied for an adjournment. This was refused on grounds recorded, and the appeal was dismissed.…

…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.…

…Mr PL Otieno who appeared for the defendants in the application before me also submitted that no hearing notice was given to the 2nd defendants for the hearing on 9th December, 1987.…

…He refused to sign the hearing notice and attached to the return of service is a hearing notice which clearly informed the 2nd defendant that the case had been set for hearing on the 9th December, 1987 at 8.30 am.…

…Thereafter the suit became ripe for hearing but no date for that purpose appears to have been fixed.…

…That application was listed for hearing on April 14, 1983.…

…When this case came up for hearing on the 10.5.99, the advocate for the defendant stated he did not bring his witnesses to court. The reasons being that the parties were negotiating on out of court settlement.…

…The parties were given time to verify their facts and to return to court to either record a settlement or to continue with hearing. After adjournment the hearing proceeded on 10.5.99 and adjourned to 11.5.99.…

…The defendants did not appear in court on the day of the hearing, though their advocate on record Messrs Macharia and Njore, advocates of Thika, were served with a hearing notice.…

…A copy of a hearing notice was produced in court, showing that they had received it and affixed their stamp at the back.…

…At the hearing of the application only the alternative prayer was pursued.…

…The issue of bank guarantee is not a new one as it featured during hearing of the application for stay. It was common ground that a bank guarantee automatically expires after a year and would have to be renewed.…