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…RESPODENT (Appeal from the adjournment order on cost and ruling of the High Court of Kenya at Mombasa (Aragon J) dated February 14, 1986 In Civil Case NO 867 (O S of 1985) __________________ JUDGMENT OF HANCOX, J A The first…

…Mr Satchu, on behalf of the respondents, said that this affidavit was filed during the adjournment on February 14.…

…DEPUTY REGISTRAR HIGH COURT – CIVIL MOMBASA” Upon adjournment at the last appearance of the matter in court, I carefully looked through the voluminous court file but did not find any Notice of withdrawal or discontinuance…

…On the morning of March 29, he wrote a letter which was filed in the court the same morning requesting that the case be adjourned, that it was copied to the plaintiff’s advocate.…

…As to the second ground, even if the letter of March 29, 1979 had been placed before the resident magistrate, it was a matter for the court’s discretion whether or not the case was to proceed ex parte or be adjourned.…

…The quantum of damages for the loss of an eye was a matter of public importance in view of the widely disparate awards that have so far been given in Kenya, and that he should, at the very least, be given an adjournment to…

…The quantum of damages for the loss of an eye was a matter of public importance in view of the widely disparate awards that have so far been given in Kenya, and that he should, at the very least, be given an adjournment to…

…There was no application for an adjournment on behalf of the appellant nor was there any application to call any further evidence.…

…Upon this application being allowed the submissions continued, there having been no application for an adjournment or to call further evidence.…

…When the case came before me for Formal Proof, the Advocates for the parties had not properly thought out the case, but after some discussion in Court and a 1/2 days adjournment the issues became clear to both Judge and Counsel…

…The latter’s application for adjournment to enable him to file grounds of opposition and an affidavit in reply to that in support of the application was refused for reasons which appear in an earlier ruling.…

…This course should obviate their taxation or a reference under rule 109 from the Deputy Registrar to a single judge of appeal, or an adjournment by him to the court, or application to the full court by any party dissatisfied…

…It does not appear the matter had been mentioned on March 13, 1984 but when the matter came up the advocate for appellants asked for an adjournment to April 17, 1984.…

…On April 10, 1985, the appellants appeared in person when the three motions were adjourned to be heard on April 19, 1985.…

…In any case as I have said counsel did not apply for adjournment on the ground that he had not been given enough notice. That argument has only been advanced in this appeal.…

…However, counsel then holding brief for the appellant’s counsel, Miss Mwangi, asked for an adjournment as Mr Ghadialy was engaged elsewhere and pointed out significantly, that the suit had been stayed by consent of both parties…

…Mr Ghadialy then sought an adjournment to enable him to file a defence which he had not been required to file in view of the fact that stay of proceedings had been ordered by consent within the context of section 6 of the…

…Mr Ombaka asked for his objections to the preliminary points to be heard first and after discussions with learned counsel the court adjourned to consider the various points that had been raised.…

…Mr Oraro would have been entitled to ask for an adjournment apart from other remedies available to him but learned counsel has elected to proceed and he has a copy of the plaint.…

…Mr Ombaka asked for his objections to the preliminary points to be heard first and after discussions with learned counsel the court adjourned to consider the various points that had been raised.…

…Mr Oraro would have been entitled to ask for an adjournment apart from other remedies available to him but learned counsel has elected to proceed and he has a copy of the plaint.…

…made it should be allowed if made in good faith provided costs can compensate the other side; that exact nature of proposed amendment sought ought to be formulated and be submitted to the other side and the court; that adjournment…

…have been the rule of conducts a hundred years ago to-day it is not the practice invariably to allow a defence which is wholly different from that pleaded to be raised by amendment at the end of trial even on terms that an adjournment…

…His request was accepted by the Court and the case was adjourned for several months.…

…We may add, that even before us, the 1st Appellant decided to delay the hearing of the appeal by endless requests for adjournment to seek legal representation from the Tanzanian High Commissioner in Kenya.…

…His request was accepted by the Court and the case was adjourned for several months.…

…We may add, that even before us, the 1st Appellant decided to delay the hearing of the appeal by endless requests for adjournment to seek legal representation from the Tanzanian High Commissioner in Kenya.…

…An application was made for an adjournment so that the defence could call him. The application was disallowed; so to that the failure to call him cannot be attributed to any deliberate withholding of a witness.…

…Notwithstandig this indication the prosecution went ahead with its case and made no application for an adjournment to enable them to seek and obtain particulars of the alleged alibi from the defence and to conduct the necessary…