Search court decisions

…In addition to the above aspect, there is the issue whether or not the applicant is entitled to stay of execution pending the hearing and determination of an appeal.…

…At the hearing of the application, it must be demonstrated that the applicant will suffer substantial loss if the order on stay is denied.…

…At the hearing of the creditors petition, the Court shall require proof inter alia if service of at petition – s 7 (2) of the Bankruptcy Act.…

…Where a debtor contends and the order was wrongly made e.g. because the bankruptcy until or the petition was at duly served he may apply the rescind on that ground by way of re hearing the petition under s 108 91) of the…

…The applicant also prayed for an order of Prohibition directed against the 2nd respondent prohibiting her from hearing, determining and/or enforcing the decision of the 1st respondent.…

…Counsel urged the court to dismiss the Preliminary Objection and Ms annan be made to pay for the costs personally because the Preliminary Objection was meant to delay the hearing of this matter.…

…The court is aware that at this stage all that the Applicant has to show is that they have an arguable case that may succeed at the hearing. See NJUGUNA V MINISTER FOR AGRICULTURE.…

…Counsel urged the court to dismiss the Preliminary Objection and Ms annan be made to pay for the costs personally because the Preliminary Objection was meant to delay the hearing of this matter.…

…The court is aware that at this stage all that the Applicant has to show is that they have an arguable case that may succeed at the hearing. See NJUGUNA V MINISTER FOR AGRICULTURE.…

…At the hearing, Mr Ngunjiri advanced a number of arguments against the continuation of the petition. Firstly he argued that the petition served had not been sealed or signed by the court and as such was a nullity.…

…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.…

…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.…

…By 18th July 1996 when the application came before me for hearing the petition had been advertised and the petitioner had satisfied the Registrar that it had complied with the winding up Rules as it was required to do by…

…On 31st January,1989 Senior Deputy Registrar of this Court certified that the Creditor had duly complied with the Rules under the Companies Act and directed that the Petition could be set down for hearing.…

…I may however observe the High Court sitting as a constitutional court on the hearing of a Petition under Article 22 of the Constitution must be able to give such directions including directions for the taking of viva voce…

…I would rather refer the matter to the Environment and Land Court for directions as to the hearing of the dispute or further orders. See CJ's Circular GN.…

…Further by dint of the decision to commute the sentence of death to life, he was denied the right on access to court and that limitation was in breach of Article 48 and the fundamental right to a fair and public hearing in…

…According to the equal protection of the Law under Article 27 and right to a fair hearing, in Article 50 of the Constitution, the candors of the prerogative of mercy incorporates the bounds of natural justice and due process…

…By an application dated 11th October 2012, Kituo moved the Court seeking further orders of court for the UNHCR to be released from its undertaking to the Court to accommodate the petitioner pending hearing and determination…

…at a prison facility, the respondent contended that the section 43(2)(b) of the KCIA provides an alternative to a holding facility and further that there was no evidence tendered to show that she was not accorded a fair hearing…

…(viii) THAT the Applicant despite being afforded a second bite at the cherry during the hearing failed to lay a basis for scrutiny, recount or production of the electoral materials.…

…Amana -versusIEBC & 2 Others, the Court emphasized the Recent trend is that Scrutiny can only be ordered where a Petitioner lays sufficient basis after he has adduced evidence during the actual hearing of the Petition.…

…ordered to be dissolved. 2) The decree nisi shall issue forthwith and the same to be made absolute in six months time. 3) The petitioner father shall have temporary custody care and control of the minor M K pending the hearing…

…That pending the hearing of this application all proceedings be stayed. And 3. That the petitioner do pay the costs of the first respondent in Respect of the Petition as well as of this application.…

…There is evidence that before the petition is set down for hearing the respondent is asking for the petition to be struck off.…

…(viii) THAT the Applicant despite being afforded a second bite at the cherry during the hearing failed to lay a basis for scrutiny, recount or production of the electoral materials.…

…Amana -versusIEBC & 2 Others, the Court emphasized the Recent trend is that Scrutiny can only be ordered where a Petitioner lays sufficient basis after he has adduced evidence during the actual hearing of the Petition.…

…Before the commencement of this hearing it was agreed that the proceedings were in accordance with section 70 of the Succession Act.…

…Directions had been previously obtained that the hearing would be by way of viva voce evidence. The two parties were heard in evidence. Both adduced further evidence from one witness each.…