Case law
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Division and case type: GeneralUnclassified
…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.…
Division and case type: GeneralUnclassified
…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.…
Division and case type: GeneralUnclassified
…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…
Division and case type: CriminalMiscellaneous Criminal Application
…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.…
Division and case type: GeneralUnclassified
…Respondents (Being an application for variation of conditions for stay made on 8th August, 2000 and for an injunction in form of a stay pe nding the hearing and determination of an Appeal from a decision of the Honourable…
…We think we should confirm these orders but with certain minor variations as follows: 1.The applicant shall, within 21 (twenty one) days of the date hereof pay to the respondent the su m of Shs.2,300,000/= pending the hearing…
Division and case type: CriminalCriminal Case
…MCCR/E.034 of 2020, pending the hearing and determination of this revision. 3) To make an order to call for and examine the record of the proceedings in the Chief Magistrate’s court at JKIANairobi in Criminal Case No.…
…Submissions that are common place in trials or hearing of appeals are undesirable.…
Division and case type: CriminalCriminal Appeal
…The applicant seeks to stay the hearing of the R.Ms court criminal case number 2826 of 1985 against the applicant now pending before Ang’awa (Miss), senior resident magistrate Nairobi, until the hearing and disposal of an…
Division and case type: CriminalCriminal 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…
Division and case type: CriminalCase number Criminal Application
…Counsel further applied that the presiding judge do disqualify himself from hearing the renewed bail application as he had rejected the previous one and was thus looking to reach the same conclusion in the current one.…
…It was suggested in submission by counsel for the applicant that an applicant for bail under section 123(3) was entitled to trail his coat through every court and before every judge for fresh hearing. Held: 1.…
Division and case type: GeneralUnclassified
…She also claimed that no hearing is allowed in revision proceedings. With due respect we do not think Miss Nyaanga’s submissions are quite correct.…
…As for Miss Nyaanga’s further submission that no hearing is allowed in revision cases if by “hearing” she means submissions, then again she is quite wrong.…
Division and case type: CriminalCriminal Appeal
…We do not have any explanation for his nonattendance.That being the case, and there being no other counsel present and ready to represent the appellant, we are unable to proceed with the hearing of this appeal.…
…It is accordingly taken out of today's hearing list and stood over to an early date to be refixed at the Registry. Mr.…
Division and case type: CriminalCriminal Appeal
…When these appeals came up for hearing the first appellant told the court that he was satisfied with the conviction but asked for a reduction of the sentence.…
…He admitted he sped off but that was after hearing a gun shot and did not know at whom it was aimed. I have made an independent evaluation of the evidence.…
Division and case type: CriminalCriminal Appeal
…It became plain to me during the hearing of this appeal, in the course of arguments by the learned counsel for the appellant, that the police officers who arrested the appellant and subsequently charged him with the offence…
…That report was produced in Court for the first time during the hearing of this appeal by counsel for the appellant to illustrate her point that the facts relied upon to constitute the offence did not disclose the offence…
Division and case type: CriminalCriminal Appeal
…By notice of motion of the same date the appellant applied for leave to call additional evidence on the hearing of the appeal.…
…By consent, it was ordered that the appellant’s application to call additional evidence should be stood over to the hearing of the appeal itself when the application would be heard as a preliminary issue.…
Division and case type: GeneralORIGINATING SUMMONS
…Kagiri for the 1st, 2nd and 3rd respondents is not averse to the status quo of the suit premises being maintained pending the hearing and determination of the applicant's intended appeal, we order that the status quo in respect…
Division and case type: CriminalCriminal Appeal
…For reasons which we do not know, the appeal was not fixed for hearing until now, that is after a period of five years.…
…In these circumstances, it would not be in the interest of justice to direct the High Court to admit the appeal to hearing as this will undoubtedly cause a further delay.…
Division and case type: CriminalCriminal Appeal
…When the applicant's application for the extension of time which had been filed in this Court on 22nd October, 1996 came up for hearing before the single judge of this Court, Bosire, Ag.…
…At the hearing of this reference on 18th December, 1996, Mr.…
Division and case type: CriminalCriminal Appeal
…Section 361(1)(b) of the Criminal Procedure Code debars this Court from hearing his appeal against sentence. The appellant's appeal is therefore incompetent and the same is struck out.…
Division and case type: CriminalCriminal Appeal
…The appellant appealed to the superior court against both conviction and sentence and also filed an application under section 358 of the Criminal Procedure Code for leave to adduce additional evidence at the hearing of the…
…When the appeal came for hearing in the superior court, Mr Chunga raised a preliminary objection based on section 348 of the Criminal Procedure Code, that the appeal against conviction was incompetent and should be struck…
Division and case type: GeneralUnclassified
…This application before us is for stay of proceedings in the superior court pending the hearing and determination of an intended appeal. There is nothing however to stay under rule 5(2) of the Rules of this court. Mr.…