Search court decisions

…On 7th July, 1992, Mr Mithega had the matter placed before Oguk, J only for the limited purpose of taking a hearing date for the disposal of the suit notwithstanding the provisions of clause 9 of the policy and the fact that…

…Mr Mithega without having filed a formal application, informally, submitted to Oguk, J that a hearing date for the disposal of the suit by the Court be fixed since Mr Mwarania could not proceed with the arbitration.…

…There is a more formidable excuse or reason for not turning up in court, viz that Mr Githuka, advocate, who had the conduct of the case for the applicants was taken ill on the night before the hearing date.…

…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.…

…date in respect of this appeal (C.A.…

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

…I further recommend to the Deputy Registrar that he makes every effort to have this case urgently listed in next year’s call over list for fixing a hearing date.…

…date of a formal proof of Mwotia’s counter-claim.…

…date and so forth.…

…The finding of this court is that this case should commence for hearing within the month of March 2006, and accordingly a hearing date of the suit will be given at the reading of this ruling.…

…It does not appear that the advocate informed his client of the hearing date.…

…The same parties were the defendant and plaintiff, respectively, in the court of the resident magistrate and the respondent obtained a hearing date from the magistrate’s clerks and served a hearing notice upon the advocate…

…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…

…For that reason at the reading of this ruling and to ensure that justice is met on behalf of the 1st and 2nd defendant the court will give a hearing date for the notice to motion dated 27th of July 2006.…

…The advocate further stated that a memorandum of appeal had been filed and that a hearing date was due to be fixed by the High Court registry.…

…We have also considered their oral submissions to this Court, in the course of which the second appellant drew to our attention that on the August 23, 1984, the date of the hearing of their applications before Bhandari J,…

…Munene, for the respondent, contended that the applicants have not come to court in good faith as they failed to appear during the hearing and yet they had been aware of the hearing date.…

…The hearing date was fixed during an annual call over which was held between 11th and 14th January, 1989. The applicants/defendants were not represented during the call over.…

…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.…

…Thereafter instead of fixing the hearing date of this motion which had been filed under a certificate of urgency, M/S Khaminwa & Khaminwa, fixed it for mention on 5th October, 1994, which was almost a year after the filing…

…sale by auction could have been postponed by the learned judge and the auctioneer told to do so, to a date far enough ahead to give the respondents time to serve the appellant in Nairobi with the papers and for an early hearing…

…date to be fixed for the hearing of the summons.…

…The question is: can a plaintiff whose suit has been dismissed under rule 4 for failure to attend court on the hearing date apply for the order dismissing the suit to be set aside under order IXB rule 8?…

…Onyango is recorded to have stated as follows: “This hearing date was taken by consent of the parties. This morning I saw the Plaintiff in court.…

…Hearing date of the pending appeal to be issued by the Registrar on priority basis. The costs of this application shall abide the appeal. Citations East Africa 1.…

…Of the illness of Mr Mwirichia for three days prior to the hearing date, Mr Ole Keiwua says the appellant should have instructed his advocate earlier, having been served with a copy of the Chamber Summons on May 16, 1990.…

…These were her words: “This matter shall go on to hearing not in one month’s time but in 3 weeks’ from today’s date. Hearing on June 14, 1990 at 9.30 am.”…

…The Registrar of the High Court is ordered to give the parties a hearing date on a priority basis. Dated and Delivered at Nairobi this 8th day of March 1994. J.E.GICHERU ....................................…