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…NO. 634 OF 1987) ******************* RULING When this application came up for hearing before me, Mr.…

…Amolo for the applicant sought an adjournment of the hearing thereof pending the hearing and determination of his application for restoration to hearing of the application filed by the respondent.…

…They took the hearing dates of 25th and 26th June, by consent.…

…On the same day a hearing date for this appeal was by consent fixed for 21st and 22nd October, 1998 at 9:30 a.m. Mr.…

…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.…

…DEFENDANT RULING This suit was fixed by the plaintiff advocates for hearing today after which he served the defendants counsel with a hearing notice for today.…

…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.…

…Gatonye filed a formal application for stay of execution pending appeal and a temporary stay of execution pending appeal was granted pending the hearing of the application.…

…Gatonye filed a formal application for stay of execution pending appeal and a temporary stay of execution pending appeal was granted pending the hearing of the application.…

…That may be true but the point is the plaintiff will then be driven out of the court without a hearing.…

…R U L I N G This is an application by Notice of Motion under order 41 Rule 4 of the Civil Procedure Rules for an order that there be a stay of execution of the decree/order of this court dated 21st May, 1998 pending the hearing…

…When the suit came up for hearing the plaintiff gave evidence in line with his pleadings and explained how he was injured.…

…For some reason, not easily ascertainable from the record, Criminal Appeal No. 38/97 came up earlier for hearing and was determined on 14th July, 1997.…

…Although Waki J in his judgment ordered the AttorneyGeneral to investigate the circumstances in which these suspects were released, no action was taken, with the result that when Criminal Appeal No. 38/97 came up for hearing…

…The 1st defendant was also restrained form conducting or holding any meeting of any kind whatsoever until the hearing of this application inter partes.…

…In the course of the hearing of the application the court acceded to the plaintiff’s request to maintain he status quo by retaining the interim orders in place.…

…I will only state that from what has been brought to my attention during the hearing of this summons dated 19th December 2001, the said summons be and is hereby dismissed for the following reasons: First, I am not persuaded…

…However, when the hearing resumed before me, I directed the objector to start.…

…The inter partes hearing was scheduled for 30th October, 1997 but was adjourned on several occasions until 28th January, 1998 when it was heard and concluded.…

…In item 4 and 5, he argued that the sum claimed is high and the time the appeal took for hearing is not indicated in item 4. On item 6 Mr.…

…Wamalwa during the hearing of this application that the opening of the account was directed to the respondents. The order clearly refers to the two firms and not to one.…

…As the action was likely to cause irreparable loss to the plaintiff, the plaintiff filed the current application on 18th May, 1992, seeking enlargement of time within which to comply with the court’s order pending the hearing…

…(d) Counsel shall now take hearing dates for the remaining interlocutory matters and/or the main petition. Orders accordingly Dated and delivered at Nairobi this 27th day of July, 1998. A. MBOGHOLI MSAGHA JUDGE…

…When the appeal came up for hearing Mr. Ogada who appeared before me for the appellant submitted that the learned Magistrate erred in convicting his client when the case was not proved to the required standard. Mr.…

…We may add, that even before us, the 1st Appellant decided to delay the hearing of the appeal by endless requests for adjournment to seek legal representation from the Tanzanian High Commissioner in Kenya.…