Case law
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Division and case type: CivilCivil Case
…I am not hearing the Review application. I will, therefore, resist thetemptation to go into the merits. I must stress however, that litigations musthave their final end.…
…However, where such a Judge is nolonger attached to the Court the review may be heard by any other Judgeattached to the court at the time it is called up for hearing.…
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: CivilCivil Appeal
…NO. 5489 OF 1990) *********************** R U L I N G: There was no appearance for the respondent at the hearing of the applicant's application this morning though counsel for the respondent was served on Friday, 30th June…
…, 2000 with today's hearing notice.…
Division and case type: CivilCivil Appeal
…I am not hearing the Review application. I will, therefore, resist thetemptation to go into the merits. I must stress however, that litigations musthave their final end.…
…However, where such a Judge is nolonger attached to the Court the review may be heard by any other Judgeattached to the court at the time it is called up for hearing.…
Division and case type: CivilCivil Case
…On the day of the hearing of the formal proof, which was 20th December, 2000 neither the plaintiffs nor their lawyer appeared in court, though service had been effected.…
…Finally I have not awarded exemplary damages because this was not proved at the hearing. Dated at Nairobi this 29th day of December, 2000. JOYCE ALU OCH PUISNE JUDGE…
Division and case type: CivilCivil Appeal
…Before doing so, however, I must state that at the commencement of hearing the substantive application, Mr Deverell, advocate for the applicant, applied that I should disqualify myself from hearing the same.…
…Lord Hewart CJ clearly thought that the acting magistrates’ clerk’s involvement in the civil proceedings was such that he should never have participated in the hearing before the magistrates and went so far as to indicate…
Division and case type: Milimani Commercial CourtsCivil Case
…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…
Division and case type: CivilMiscellaneous Application
…Before doing so, however, I must state that at the commencement of hearing the substantive application, Mr Deverell, advocate for the applicant, applied that I should disqualify myself from hearing the same.…
…Lord Hewart CJ clearly thought that the acting magistrates’ clerk’s involvement in the civil proceedings was such that he should never have participated in the hearing before the magistrates and went so far as to indicate…
Division and case type: CivilCivil Suit
…different advocate the applicant filed an application under a certificate of urgency seeking orders that the respondent be restrained from dealing with the suit land in any manner, taking possession, included, pending the hearing…
…Application for review being of course the main application in that if granted there would be no need for hearing the application for eviction or the application for enlarging of time.…
Division and case type: CivilCivil Suit
…This application was not heard and on 18.5.2000 the counsels informed the court that they had agreed to go on with the case without hearing this application.…
…In the course of the hearing I was told that most of the plaintiffs are still working although some had left the company.…
Division and case type: CriminalCriminal Appeal
…By the time the matter came up for hearing on June 6, 2000, the issue of distress had been resolved and what remained outstanding was the question of costs of the application.…
Division and case type: Milimani Commercial CourtsCivil Case
…By the time the matter came up for hearing on June 6, 2000, the issue of distress had been resolved and what remained outstanding was the question of costs of the application.…
Division and case type: Milimani Commercial CourtsCivil Case
…The defence had no objection and the court made orders for the withdrawal to that suit with costs to the defendant and with a further order that the defendant do proceed to process the counter claim for hearing and final…
…It is clear that when the plaintiff withdrew his suit it did not pull down the defendant’s counter claim and that is why the court made an order that he should process the counter claim for hearing and final determination…
Division and case type: CivilCivil Appeal
…From the evidence adduced at the hearing, the suit land would seem to be "agricultural land" as defined in section 2 of the Land Control Act and as such, any transaction in it without the consent of the relavant Land Control…
…The learned Judge erred, as illustrated in her confusing "judgment" as set out above, in proceeding in hearing the "complex and contentious questions of facts and law" raised in the originating summons and particularly also…
Division and case type: CivilCivil Appeal
…The memorandum of appeal has seven grounds, but at the hearing of the appeal Mr Owio Okeyo for the appellant abandoned the last two. In a nutshell, the remaining grounds are concerned with the appointed of L.N.…
Division and case type: CivilCivil Appeal
…The memorandum of appeal has seven grounds, but at the hearing of the appeal Mr Owio Okeyo for the appellant abandoned the last two. In a nutshell, the remaining grounds are concerned with the appointed of L.N.…
Division and case type: CivilCivil Appeal
…The memorandum of appeal has seven grounds, but at the hearing of the appeal Mr Owio Okeyo for the appellant abandoned the last two. In a nutshell, the remaining grounds are concerned with the appointed of L.N.…