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…But as noted above the motion was withdrawn on 22.3.9 when a notice of motion by the 2nd respondent, also dated 17.2.93 came up for hearing.…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: FamilySuccession Cause
…When the appeal came up for hearing, learned counsels appearing in the matter recorded a consent order to have the appeal disposed of by written submissions.…
…The cause is withdrawn from the Subordinate court and transferred to this court for hearing denovo. Since the Appellant was the one who filed the cause before the Subordinate Court, I will deny her costs.…
Division and case type: Constitutional and Human RightsJudicial Review
…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.…
Division and case type: FamilySuccession Cause
…He therefore stated that the applicant should prove its claim at the hearing of the petition and denied that the deceased’s estate was being wasted.…
…Whatever amount it is, that claim can only be established upon hearing viva voce evidence when the petition and the other pending applications will be listed for hearing.…
Division and case type: FamilySuccession Cause
…At the hearing of the application only the alternative prayer was pursued.…
…The issue of bank guarantee is not a new one as it featured during hearing of the application for stay. It was common ground that a bank guarantee automatically expires after a year and would have to be renewed.…
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
…When the two appellants’ appeals from the decision of Bhandari J came before this court for hearing it was disclosed that there was in existence a letter from Mr S K M Mwangi dated June 16, 1984 to the prison authorities…
…The advocate further stated that a memorandum of appeal had been filed and that a hearing date was due to be fixed by the High Court registry.…
Division and case type: FamilySuccession Cause
…At the hearing of this application the objector presented his oral evidence and concluded. The matter was adjourned for the petitioners to record their oral evidence.…
…During the hearing at the adjourned date the petitioners’ Advocate applied for adjournment and application for adjournment was denied for reasons recorded elsewhere in these proceedings.…
Division and case type: FamilySuccession Cause
…That pending the hearing and determination of the petition herewith, this Court be pleased to issue a conservatory order restraining the Respondents, their agents, servants, employees, or assignees from all further implementation…
…That to facilitate the expedient determination of this application and petition substantively, this court be pleased to issue an order of status quo prevailing at the time of ling pending the hearing and determination of…
Division and case type: FamilyCase number Adoption Cause
…That pending the hearing and determination of the petition herewith, this Court be pleased to issue a conservatory order restraining the Respondents, their agents, servants, employees, or assignees from all further implementation…
…That to facilitate the expedient determination of this application and petition substantively, this court be pleased to issue an order of status quo prevailing at the time of ling pending the hearing and determination of…
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 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
…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 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 RightsConstitutional Petition
…In addition to the above aspect, there is the issue whether or not the applicant is entitled to stay of execution pending the hearing and determination of an appeal.…
…At the hearing of the application, it must be demonstrated that the applicant will suffer substantial loss if the order on stay is denied.…
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…