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…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 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 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 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.…

…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.…

…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.…

…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.…

…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.…

…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.…

…When this application came up for hearing on 11th March, 2002 a consent order was recorded to the effect that the boundary be fixed as prayed.…

…He said that the suit should go on to full hearing so that the surveyors can be cross-examined as there was a Defence and a counter-claim.…

…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…

…The motion first came for a hearing on 25th April, 1989. Mr Mburu appeared for the applicant, while Mr Paul Kiambo appeared for the respondent, the defendant in the action.…

…He was allowed time up to 4th May, 1989, when the application next came for a hearing. He came up with a very recent English case of Rush & Tompkins Ltd v Greater London Council and Another [1988] 3 All ER 737.…

…However, when the case came up for hearing on April 8, 2003, Mr. Makori who was holding brief for Mr. Manek for the Defendant sought adjournment to enable Mr. Manek to apply to withdraw from acting for the Defendant.…

…The hearing then proceeded without the participation of the Defendant.…

…a defendant or a defendant’s agent has been convicted by a Court of law such defendant would not be right to say that he has been ambushed or taken by surprise when such conviction is introduced and provoked during the hearing…

…Plaintiff still complains of pains on shoulders, chest and loss of hearing in right ear. Doing the best I can I would assess general damages at Shs 125,000/-.…

…Originally as the plaint stood, Coast Hauliers were not even a party to the suit and it was only during the course of the hearing that Mr Khanna who appeared for the then sole plaintiff ie Highway carriers Ltd realised that…

…He has not even appeared at the hearing. www.kenyalawreports.or.ke Nevertheless this court does not dispense justice in the abstract. The justice it dispenses must be in accordance with the law.…

…he entered summary judgment in the sum of Shs 17,773,889/- against Mr Magugu and Inns Ltd in favour of Gitutho Associates, Costcare Consultants, Kam Consult Engineers and Utmost Consultants (the respondent), pending the hearing…

…Accordingly, the application is allowed and the execution of the judgment and decree of Wambilyangah, J is hereby stayed pending the hearing and final determination of the intended appeal or further order on terms that the…

…consider the nature of the action, the defence, however irregularly it may have been brought to the notice of the court and the question of whether the plaintiff can be reasonably compensated by costs for to deny a subject a hearing…

…the notice of the Court, however, irregularly, should be considered, the question whether the plaintiff can be reasonably compensated by costs for any delay occasioned should always be remembered that to deny a subject a hearing…

…At the hearing of the suit the Plaintiff’s witnesses adduced evidence to the effect that c. the accident was due to the negligence of the 1st defendant who was the 2nd defendant’s servant. They were duly cross-examined.…

…The appellant at first filed a defence denying liability to the respondent but when the case came up for hearing before the High Court (Aganyanya, J) on the 20th February, 1989, a consent order was entered and the terms of…

…Disturbed hearing in the right ear with reduction of visual acuity in the right eye. 3. Compression fracture of the Lumbar IV vertebral body with residual backaches and paraesthesia of the left thigh.…