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…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Oliech who died in the prison custody before the hearing of this case started on l6th December, 1991 and the State has withdrawn the case against him.…

…DEFENDANT RULING This case was on 24th February, 1989, posted to come for hearing with effect from 21st November, 1989, for four days.…

…The application was posted to come for hearing on the day the hearing of the suit was to commence. Consequently it became necessary to consider it before embarking on the hearing of the suit.…

…Rule 1 (2) of Order 22 of the Civil Procedure Rules require at least seven days before the day of hearing the Garnishee order nisi shall be served on the Garnishee.…

…According to the affidavit on the Return of Service it is deponed that the Garnishee was served on October 17, 1990 for hearing on October 23, 1990.…

…The appellant through his advocate in opposing the application has deposed that the delay in setting the appeal down for hearing has been occasioned by the failure of the court to avail the proceedings of the trial court…

…In the first situation, if within 3 months after the giving of directions the appeal has not been set down for hearing by the appellant, the respondent may elect either to set it down for hearing himself or apply for its…

…The hearing proceeded ex parte because neither the defendants nor their advocates appeared. Nor was there any explanation as to their nonattendance.…

…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.…

…The preliminary objection as I understand it is to the hearing the suit itself on the grounds that the plaintiff failed to challenge award delivered in Succession Cause No. 46 of 1981 in time or at all.…

…Civil Application number 620 of 1992 by consent of both parties the High Court ordered that Succession Cause No. 46 of 1981 for transferred to this court as registered as a succession cause and thereafter proceed to hearing…

…restraining the defendants whether by themselves individually or collectively or by their servants or agents from selling and transferring any of their shares in a company known as Umoja Enterprises Limited pending the hearing…

…Applying these principles to the present application and upon a full examination of the pleadings, the affidavits filed in support and in opposition and the annexures thereto and after hearing the viva voce testimony of the…

…335 OF 1997 N W...........................................................APPLICANT versus M M.........................................................RESPONDENT R U L I N G There is a Divorce petition still pending for hearing…

…Be that as it may, the application that came before the learned trial magistrate was interlocutory pending the hearing of the divorce petition. Its foundation was the petition which was the substantive suit.…

…RESPONDENT RULING This is an application for stay of execution pending the hearing and determination of an intended appeal. It is made under O XLI rule 4 of the Civil Procedure Rules.…

….…...RESPONDENT RULING The Notice of Motion application which came for hearing was filed in court on 23rd March 1988. Exparte orders had been granted to the applicant on 7/3/88.…

…It was the inter-parte hearing which came before me.…

…The applicant can still challenge the proceedings before the tribunal which has already made orders which he claims were made without according him a hearing. In the Tribunal, he can challenge its jurisdiction.…

…Land Court: Provided that the Environment and Land Court may, where it is satised that there is sucient reason for so doing, extend the said period of thirty days upon such conditions, if any, as it may think t. (2) In hearing…

….…..PLAINTIFF VERSUS LIMURU PYRETHRUM GROWERS CO-OP LTD & 9 OTHERS…… DEFENDANTS RULING At the opening of the hearing inter partes of an application by the plaintiffs for an injunction, the counsel for the defendants took…

…The order sought having been granted on the ex parte application a hearing inter partes of the same was fixed for 4th May 1989 when the preliminary objection was taken as stated above.…

…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.…

…The main ground upon which the application has been based is that they were not served with a hearing notice informing them of the date of trial. This suit was fixed to come for a hearing on 2nd March, 1989.…

…Consequently it became necessary to issue and serve upon them a hearing notice.…

…Mr PL Otieno who appeared for the defendants in the application before me also submitted that no hearing notice was given to the 2nd defendants for the hearing on 9th December, 1987.…

…He refused to sign the hearing notice and attached to the return of service is a hearing notice which clearly informed the 2nd defendant that the case had been set for hearing on the 9th December, 1987 at 8.30 am.…

…The suit came for hearing on three different occasions, thereafter, but was on each occasion adjourned for one reason or another.…

…It was called and was listed to come for hearing on 9th and 10th May, 1989. On 9th May 1989 the suit was called.…

…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…

…The suit came up for hearing before a District Magistrate III. The appellant raised a preliminary objection that the suit was time - barred. This was upheld and the suit dismissed.…

…On hearing day 19.5.94, Mr. Muthusi appeared for Dr. Mutunga and applied for an adjournment. This was refused on grounds recorded, and the appeal was dismissed.…

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

…That application was listed for hearing on April 14, 1983.…