Search court decisions

…Simon Nyamai attended the hearing of the appeal and the other appellants did not do so (at their own request).…

…Simon Nyamai added nothing in his submissions during the hearing of the appeal. We must be unmoved by these references to age or health or family obligations by such people.…

…When the case came up for hearing on the 25th January 1984 the advocates for all the parties had agreed on the quotum of damages and hence the following consent order was recorded by this court.…

…Liability as between the defendants to proceed to hearing.” The court then proceeded to hearing evidence on how this accident occurred.…

…The case was then fixed for hearing on court No 10 on the May 27, 1982.…

…When the case came up for hearing on May 27, 1982 before the learned Resident Magistrate the following is what was recorded to have taken place: “Prosecutor: I am instructed to withdraw this case under section 87 (a) CPC.…

…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…

…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.…

…A NO 320 of 1990) ORDER OF THE COURT The appellant has not appeared though served with the hearing notice on 15th February, 1993 at 2.15 p.m.…

…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…

…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.…

…The appellant did not wish to be present during the hearing of this appeal.…

…Her failure to consider in her judgment the fact that the appellant had refunded the money, he allegedly unlawfully obtained long before the case came for a hearing did not in our view cause any prejudice to the appellant…

…A neighbour (PW 3), who came to the scene upon hearing the noises, saw the retreating figure of the appellant about 50 yards away. All these witnesses had known the appellant before the incident.…

…He testified that, upon hearing noises, he went out to the house of complainant who told him what had happened and he saw the appellant’s retreating figure 50 yards away by the lights of loco shed.…

…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.…

…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.…

…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.…

…The learned trial magistrate, who had the added advantage of seeing and hearing all the witnesses, rejected her defence and accepted the prosecution case.…

…been incorporated in the petition of appeal to which the appellant is confined to by virtue of section 350(2) of the Criminal Procedure Code which provides, inter alia, - “and the appellant shall not be permitted, at the hearing…

…It seeks an order to stay proceedings herein pending the hearing and determination of the Plaintiffs appeal already filed in the Court of Appeal CIVIL APPEAL NO. 36 OF 2007, against the decision of this Court dated 27th November…

…01.08.2006 to strike out this suit and the same was never served upon the Plaintiffs until 08.01.2007(five(5) months after filing and almost two(2) months after the Ruling of 27.11.2006 which application is now fixed for hearing…

…It seeks an order to stay proceedings herein pending the hearing and determination of the Plaintiffs appeal already filed in the Court of Appeal CIVIL APPEAL NO. 36 OF 2007, against the decision of this Court dated 27th November…

…01.08.2006 to strike out this suit and the same was never served upon the Plaintiffs until 08.01.2007(five(5) months after filing and almost two(2) months after the Ruling of 27.11.2006 which application is now fixed for hearing…

…The Respondent’s Advocate did not attend court despite service with the hearing notice.…

…The Defendant’s Advocate did not appear for the hearing of the application. The Court of Appeal held: “(2).…

…They then appealed to this court and it is sad to relate that they had each served the sentence imposed, by the time the appeals came on for hearing.…

…At the hearing of their second appeals, learned state counsel has conceded the appeals of Stephen Kaveta and Joseph Gichira out-right.…

…As the defendant was not presented at the hearing of this application, there will be no orders as to costs. There will be orders accordingly. T Mbaluto, Judge…