Case law
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Division and case type: Constitutional and Human RightsPetition
…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.…
Division and case type: Constitutional and Human RightsElection Petition
…But as noted above the motion was withdrawn on 22.3.9 when a notice of motion by the 2nd respondent, also dated 17.2.93 came up for hearing.…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.…
Division and case type: Constitutional and Human RightsPetition
…Simultaneously, the Petitions led on application under certicate of urgency for the following interim orders:- That pending the hearing and determination of the summons inter partes the court be pleased to issue conservatory…
…That sections 30,31,32,33 and 34 of the constitution of Kenya Review Act2008 be suspended pending the hearing and determination of the Petition. 4. On 18.12.09, the Hon.…
Division and case type: Constitutional and Human RightsPetition
…the provisional liquidator by the order appointing him under Section 235 of the Act: I agree with Mr Gautama that if the application is ordered to be served there must be an interval between the Service and the Interparte hearing…
…I agree with him that it might become difficult to have a fair hearing of the application in the event. It is therefore in the interest of justice that an interim order should be made exparte.…
Division and case type: Constitutional and Human RightsPetition
…In making reference to Constitutional Petition No. 50 of 2020, he indicated that it came up for hearing on 28th July, 2020 before Judge E.…
…It was submitted that the lower court case came up for hearing on 29th July, 2020 but Mr.…
Division and case type: Constitutional and Human RightsPetition
…He sought admission to bail pending the hearing and determination of the appeal.…
…December, 2016 namely, that the appeal's chances of success were not overwhelming, no exceptional circumstances existed that would justify a grant of bail and finally that there was no reason to anticipate a delay in the hearing…
Division and case type: Constitutional and Human RightsPetition
…court be pleased to make an order compelling the respondents to pay the children’s school fees directly to the school instead of giving the applicants the money for the school fees on behalf of the children pending the hearing…
…and determination of the suit. (2) That the honourable court be pleased to make an order compelling the respondent to directly provide the children’s basic needs without going through the applicants pending the hearing and…
Division and case type: Constitutional and Human RightsPetition
…A number of creditors of the company have given notice of their intention to attend the hearing of the petition.…
…At least, those who appeared at the hearing on 31st October, 1991 lent their strong support to Mr Fraser who conducted the petition on behalf of the petitioner.…
Division and case type: Constitutional and Human RightsElection Petition
…Further that the service of that notice of motion could thus be dispensed with but then the Court would give directions as to hearing inter partes.…
…The Court further heard that with that 1st respondent was deemed duly served and so the petitioner took no steps to obtain directions as to hearing of his application inter partes.…
Division and case type: Constitutional and Human RightsPetition
…After hearing the Respondent together with the Official Receiver in absence of the applicant, the applicant was dismissed for want 0f prosecution.…
…Applicant knew everything all along i.e. the debt, the judgment in a civil suit giving rise to these proceedings, notice, petition and the hearing.…
Division and case type: Constitutional and Human RightsPetition
…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…
Division and case type: Constitutional and Human RightsJudicial Review
…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.…
Division and case type: Constitutional and Human RightsPetition
…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.…
Division and case type: Constitutional and Human RightsPetition
…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.…
Division and case type: Constitutional and Human RightsPetition
…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.…
Division and case type: Constitutional and Human RightsJudicial Review
…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.…
Division and case type: Constitutional and Human RightsPetition
…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…
Division and case type: Constitutional and Human RightsPetition
…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.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…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.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…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…