Search court decisions

…The appellants have been notified of the consequences before the hearing of this appeal. Francis Aganda appealed against both conviction and sentence.…

…They were originally five with William Adwera Oliech who died in the prison custody before the hearing of this case started on l6th December, 1991 and the State has withdrawn the case against him.…

…Before the commencement of the hearing of this suit, the parties produced before us, by consent, the Deed as exhibit 1, a bundle of correspondence as exhibit 2 and yet another bundle of correspondence with the Chief Kadhi…

…The petition was filed on January 23, 1996 and fixed for hearing on April 25, 1996 but was stood over generally on that date.…

…The petitioner attended the Registry on August 21, 1997 and fixed the petition for hearing on November 3, 1997 ex parte. The petitioner was not advertised for hearing on that date.…

…But as noted above the motion was withdrawn on 22.3.9 when a notice of motion by the 2nd respondent, also dated 17.2.93 came up for hearing.…

…So come the hearing day of the 2nd respondent’s motion, and the Court has before it an affidavit of service by one Mr Venant Mwakio Irina sworn on 25.1.93.…

…APPELLANT AND MEA LIMITED ........................................RESPONDENT (An application for stay of execution of the order and decree pending the lodging and hearing of an intended appeal from the ruling and order of…

…The applicant will pay the respondent Shs 600,000/= per month with effect from 1st May, 1999 pending the hearing and final determination of the intended appeal. Costs of the application to be in the appeal.…

…APPELLANT AND MEA LIMITED ........................................RESPONDENT (An application for stay of execution of the order and decree pending the lodging and hearing of an intended appeal from the ruling and order of…

…The applicant will pay the respondent Shs 600,000/= per month with effect from 1st May, 1999 pending the hearing and final determination of the intended appeal. Costs of the application to be in the appeal.…

…His complaint clearly is that the hearing of the case against him will not be within a reasonable time, and also that he shall not be afforded a fair hearing.…

…The applicant contends that two of those prerequisites exist in his case, i.e no hearing within a reasonable time, secondly not a fair hearing in the sense stated above.…

…Upon this, we do not consider that they have an arguable appeal to this Court against the order of the superior which they now seek to have stayed under rule 5 2(b) of the Rules of this Court pending hearing and disposal…

…RESPONDENT R U L I N G By an application dated 14th July 2005 brought under section 357 (1) of the Criminal Procedure Code, David Wainaina Mubea (hereinafter referred to as the applicant) seeks to be admitted to bail pending the hearing…

…COURT OF KENYA AT NAIROBI CIVIL CASE NO 772 OF 1984 AURORA BAKING COMPANY (1975) LTD………………PLAINTIFF/APPLICANT AND PHENNTHA WANINGI AND 3 OTHERS………….DEFENDANTS/RESPONDENTS RULING By an order of this court dated 19.11.84 the hearing…

…should have gone to the Deputy Registrar of this court in regard to the plaintiff/applicant’s application file din this court on 13.11.84 when by the order of this court dated 19.11.84 the said application was coming up for hearing…

…In paragraph 17 of the affidavit counsel deponed that under section 77(1) of the Constitution, a person is entitled to a fair hearing when he is charged.…

…On 18th February, 1992, the matter came up for hearing before us.…

…Pending the hearing and determination of this matter, the Appellant applied for a temporary order to lift the suspension of their vehicles. The Respondent’s Case 6.…

…The Respondent was able to prove that it gave a hearing to the Appellant on the 29 th September, 2020.…

…Following interpartes hearing of that injunction application interlocutory injunction was issued on 17th September 2003 pending the determination of this suit.…

…Once that injunction was granted the plaintiff took no action either in undertaking discovery or in setting down the suit for hearing.…

…Further that the appeal has high chances of success and that for the seven (7) years that the case was pending hearing and determination the appellants were out on bond and at no time did they abscond. I have heard Mr.…

…I have also noted the concerns raised in the pre-bond report and I am of the considered view since the appeal has been filed and a date for hearing has been fixed the case should proceed to hearing of the substantive appeal…

…XVI Rule 5 of the Civil Procedure Rules, on the ground that the plaintiff had since the close of the pleadings taken no steps in the matter to set down the suit for hearing.…

…XVI Rule 5 are restated:- “If within three months after: - (a) the close of the pleadings … the plaintiff does not set down the suit for hearing, the defendant may either set the suit down for hearing or apply for its dismissal…

…XVI Rule 5 of the Civil Procedure Rules, on the ground that the plaintiff had since the close of the pleadings taken no steps in the matter to set down the suit for hearing.…

…XVI Rule 5 are restated:- “If within three months after: - (a) the close of the pleadings … the plaintiff does not set down the suit for hearing, the defendant may either set the suit down for hearing or apply for its dismissal…

…On 20/09/2011 all parties agreed on hearing dates for the Petition and hearings would start at 10 a.m. and continue until 5 p.m., end of business hours.…

…The appellant indicated that he waited to be present at the hearing of the appeal and an order was made for his production at the hearing. On the hearing date, the appellant was absent and unrepresented.…

…Thereafter the hearing was adjourned and it would appear from the record that Mr Mganga was unable to continue with the trial and the case was taken over by Mr Magolo, an Acting Resident Magistrate.…

…He first appears on record on 13th January 1988 when he fixed the hearing for 5th April 1988.…