Search court decisions

…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.…

…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.…

…His complaint clearly is that the hearing of the case against him will not be within a reasonable time, and also that he shall not be afforded a fair hearing.…

…The applicant contends that two of those prerequisites exist in his case, i.e no hearing within a reasonable time, secondly not a fair hearing in the sense stated above.…

…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…

…RESPONDENT R U L I N G By an application dated 14th July 2005 brought under section 357 (1) of the Criminal Procedure Code, David Wainaina Mubea (hereinafter referred to as the applicant) seeks to be admitted to bail pending the hearing…

…COURT OF KENYA AT NAIROBI CIVIL CASE NO 772 OF 1984 AURORA BAKING COMPANY (1975) LTD………………PLAINTIFF/APPLICANT AND PHENNTHA WANINGI AND 3 OTHERS………….DEFENDANTS/RESPONDENTS RULING By an order of this court dated 19.11.84 the hearing…

…should have gone to the Deputy Registrar of this court in regard to the plaintiff/applicant’s application file din this court on 13.11.84 when by the order of this court dated 19.11.84 the said application was coming up for hearing…

…Following interpartes hearing of that injunction application interlocutory injunction was issued on 17th September 2003 pending the determination of this suit.…

…Once that injunction was granted the plaintiff took no action either in undertaking discovery or in setting down the suit for hearing.…

…On 20/09/2011 all parties agreed on hearing dates for the Petition and hearings would start at 10 a.m. and continue until 5 p.m., end of business hours.…

…Records will show that on any day that this Petition was listed for hearing the court would remove from the hearing list all murder trials listed to be heard on those days.…

…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…

…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…

…He has lodged an appeal to this court against conviction and sentence and now applies to be released on bail pending the hearing and determination of the appeal.…

…However, since I have seen that there not so many appeals in Mombasa, I cannot see why the hearing of this particular one should take long to dispose of.…

…That the first Defendant be restrained by itself, its agents or servants from appointing the second Defendant, Thorncliff Limited as its Agent in Kenya pending the hearing and determination of this application. 3.…

…That the first Defendant be restrained by itself, its agents or servants from appointing the second Defendant, Thorncliff Limited, as its Agent in Kenya pending hearing and determination of this suit. 6.…

…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.…

…The applicant seek an order of the court to transfer Nairobi CMCCC No. 8792 of 2007 (Milimani) to Mombasa Chief Magistrate’s Court for hearing and disposal thereof.…

…At the hearing of the application, I heard rival submissions made by Mr. Wena on behalf of the applicant and by Mr. Gachuhi for the respondent. I have carefully considered the said submissions made.…

…grounds under which the application was made are that the accused and all the witnesses are residents of Eldoret and it would be unduly expensive for them to keep on traveling to Naivasha whenever the case comes up for hearing…

…It would not be in the interest of justice to have the accused and witnesses travel long distances for the hearing of the case. That would be expensive and may also cause delay in the finalisation of the matter.…

…On 2nd day of July, 1999 he filed this application under rule 47 of the Rules of this Court seeking that his application be set down for hearing as a matter of urgency.…

…In that regard I will exercise my discretion in favour of the applicant and order that the application be fixed for hearing before the full Court urgently. Costs in the application.…

…At the hearing of the application it was not shown to the satisfaction of the learned single judge that judgment had so been entered.…

…But rule 54(2) of the Rules of this Court expressly says that no additional evidence shall be adduced at a full court hearing like the one before us.…

…The hearing of the action was begun on December , 1985 when the plaintiff gave evidence, and the case for the plaintiff was closed.…

…The hearing was resumed on Tuesday October 28, 1986 when the defendant called one witness and the case for the defendant was closed.…

…No.209/10482/75 pending the hearing and determination of this suit.”…

…I caution myself that I am not hearing this case. I am not therefore required to determine with conclusiveness the rights and duties of the parties.…