Search court decisions

…The appellant filed a petition of appeal and during the hearing put in what he called submissions but which are in effect a repeat of the contents of the petition of appeal.…

…Upon our consideration of the proceedings in the two lower courts and hearing the submissions of the appellant we cannot find any such error. In the result this appeal is ordered to be dismissed with costs.…

…Accordingly, we allow this appeal, set aside the award and order that the matter be remitted to the superior court for hearing and disposal by that court. The costs of this appeal are awarded to the appellant.…

…Can it embrace not only the clearest cases, but cases when there may be some argument, though the judge feels that they are not sufficient to go for hearing?…

…While the learned judge decided that there were no sufficient grounds to allow the appeal to go to hearing, in our opinion it cannot be said that this is one of the clearest cases.…

…In the result I order that the second respondent South Nyanza Sugar Company should not release the proceeds of the cane until the hearing and determination of the suit, I order that the costs of both the second respondent…

…In the result I order that the second respondent South Nyanza Sugar Company should not release the proceeds of the cane until the hearing and determination of the suit, I order that the costs of both the second respondent…

…NAIROBI/BLOCK 263/1163 in Nairobi by the 1st, 2nd and 3rd Respondents, their agents, servants or whomsoever acting on their behalf pending the hearing and determination of the Petition herein. d.…

…NAIROBI/BLOCK 263/1163, in Nairobi, record of Ownership of the said parcels together with a record of all transactions on the said parcels pending the hearing and determination of the Application and Petition. e.…

…reconsider the evidence adduced in the superior court and to make its own conclusions thereon by virtue of section 361 of the Criminal Procedure Code, of course – bearing in mind that this Court had no advantage of seeing or hearing…

…That I pray to be furnished with certified trial record and be present in court when appeal hearing is due. The appeal was heard on 5th October, 2009 when Mr.…

…I would therefore award interest on the sum awarded to run from the date of the first hearing, which is 11th May 2015.…

…Eventually the case came up for hearing when the plaintiff testified and called two witnesses . The defendants on their part did not offer any evidence but their advocates filed written submissions.…

…But when the hearing of this case started on 7th March 1991, the point was not taken up by the learned state counsel on preliminary argument or throughout the trial.…

…In the case of Nsubuga –vsAttorney General [1974] EA where the plaintiff was detained for 21 days unlawfully and was beaten and injured by the police and as a result he lost part of the hearing of one ear and had been kept…

…At the hearing of the appellant’s application, his case was that in 1973 he purchased the suit land from the respondent.…

…Indeed, at the hearing of this appeal he contended that the trial judge did not consider the duration he (appellant) had been in occupation of the suit land nor did he consider his having purchased this land.…

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

…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…

…At the hearing it was contended that order 5 rule 12 of the rules had not been complied with.…

…At the hearing of the application he admitted that the summons was given to his son who stays with him but said that son did not give the summons to him.…

…He advised the advocates for the parties to get on with the pleadings and then appear before him for early hearing dates for the trial.…

…He advised the advocates for the parties to get on with the pleadings and then appear before him for early hearing dates for the trial.…