Case law
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Division and case type: CivilCivil Case
….…...RESPONDENT RULING The Notice of Motion application which came for hearing was filed in court on 23rd March 1988. Exparte orders had been granted to the applicant on 7/3/88.…
…It was the inter-parte hearing which came before me.…
Division and case type: CivilCivil Appeal
…, which in my view can have no other meaning than a reference to the hearing of the petition and not, for instance, to the hearing of an application such as that with which we are concerned in the present case.…
…The consequence of a breach of the rule is that the hearing of the petition is cancelled.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…and cannot be reopened by the High Court; and that an error in the decision of the Court of Appeal cannot be said to be a violation of the right to a fair hearing.…
…The effect of such violations is to vitiate the trial to such extent that it amounts to no trial” [13] The appellant asserted that he was not accorded a fair hearing, nor was the hearing by the Court of Appeal conducted in…
Division and case type: CivilCivil Appeal
…The motion was fixed for hearing on 17th November, 1993, but on account of some confusion of the hearing date on the part of the Corporation’s advocates the hearing could not proceed on that date.…
…The motion was then fixed for hearing for 1st December 1993.…
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: CriminalCase number Criminal Application
…Counsel further applied that the presiding judge do disqualify himself from hearing the renewed bail application as he had rejected the previous one and was thus looking to reach the same conclusion in the current one.…
…It was suggested in submission by counsel for the applicant that an applicant for bail under section 123(3) was entitled to trail his coat through every court and before every judge for fresh hearing. Held: 1.…
Division and case type: CivilCivil Appeal
…The usual rule is that an injunction is granted to preserve the subject-matter pending the hearing and the determination of the action so that the rights if any of an appellant are safeguarded to prevent the appeal, if successful…
Division and case type: CivilCivil Appeal
…However, an issue that arose during the hearing of the appeal and which has been considered at some length in the judgments of my Lords Shah and Bosire, is whether the learned judge of the superior court was right when, upon…
…The suit came for a hearing on 8th May, 1995 before Ringera, J. The appellant was the only witness who testified in support of the plaintiff's case.…
Division and case type: CriminalCriminal Appeal
…We are concerned at the absence of a representative from the office of the Attorney General although that office was notified of the hearing date, for this appeal, on 11th August, 1999.…
Division and case type: CriminalCriminal Appeal
…All this applies to the hearing of an appeal and not only a re-trial.…
…Accordingly, the judgment of the High Court is set aside and it is ordered that this appeal shall be listed before a different judge of the High Court for hearing according to law.…
Division and case type: CriminalCriminal Appeal
…The appellant’s Memorandum of Appeal to this Court was filed in its Nakuru sub-registry on January 23rd 1984, (almost another two months lost there) and we are now hearing this appeal 6 months later.…
Division and case type: CivilCivil Appeal
…He held that this is a matter which should be decided by the Judge hearing the probate cause led by Wamaitha. There can be no doubt that in taking this view, the Judge was right.…
…The facts with which these proceedings are concerned have been the subject of a hearing before the superior court when the plaintis called twelve witnesses and the defendant called nine and the hearing took a total of 30…
Division and case type: CivilCivil Appeal
…The application was mainly argued on the point of law as no defence had been filed and even if it was placed on the file at the time of the hearing it was never relied upon by the trial judge in her ruling.…
…Upon the inter partes hearing of the application the learned judge of the High Court in her ruling concluded that the suit against the respondent: “...discloses no reasonable cause of action, and is clearly frivolous and…
Division and case type: CriminalCriminal Appeal
…At the hearing of this appeal, learned counsel Mr.…
Division and case type: CivilCivil Appeal
…The hearing before this Court, is the appeal by the appellant against the judgment of the learned judge of the High Court. His twelve grounds of appeal can be distilled into two main grounds.…
Division and case type: CivilCivil Case
…afforded reasonable facilities to consult a legal representative of his own choice who shall be permitted to make representations to the tribunal appointed for the review of the case of the detained person; and (e) at the hearing…