“"hearing"” — court decisions

Judgment[1987] KECA 7111 January 1987

Joash Ochieng Ougo & another v Virginia Edith Wambui Otieno

Court of Appeal at Nairobijudge January,JUDGE APPEALCase number Civil Appeal 3 of 1987

Division and case type: CivilCivil Appeal

…High Court, Nairobi under order 39 rule 1 and 2 of the rules seeking orders that the defendants and each of them be restrained by injunction from removing the body of the deceased from the Nairobi City Mortuary pending the hearing…

…The defendants thereafter hurried to this court and successfully sought the injunction and order granted on January 7, 1987 pending the hearing of the interlocutory appeal.…

appeal succeedsAllowed9 min read

Judgment[1999] KECA 2329 March 1999

BANDAPTAI AGRO & HARDWARE LIMITED v MEA LIMITED

Court of Appeal at NairobiJUDGE APPEAL

Division and case type: GeneralUnclassified

…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.…

2 min read

Judgment[1988] KECA 1305 July 1988

Adala v Anjere

Court of Appeal at NairobiJudge his Chamber,JUDGE APPEALCase number Civil Application 30 of 1988

Division and case type: CivilMiscellaneous Civil Application

…The applicant in his amended application filed on 16th March 1988 sought leave of the court to stay execution of the orders granted in the High court in Miscellaneous Civil Application No. 360 of 1982 pending the hearing…

…It is against this High Court Order that the application is made for stay of execution pending the hearing of the intended appeal. There has been an unexplained delay in the matter.…

application is allowedAllowed

Judgment[1999] KECA 5629 March 1999

BANDAPTAI AGRO & HARDWARE LIMITED v MEA LIMITED

Court of Appeal at NairobiJUDGE APPEAL

Division and case type: GeneralUnclassified

…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.…

2 min read

Judgment[1999] KECA 1466 September 1999

INDUSTRIAL & COMMERCIAL DEVELOPMENT CORPORATION v DABER ENTERPRISES LIMITED

Court of Appeal at NairobiJUDGE APPEAL,Mbai,Mbai Deputy,KamaaraCase 2 of 2013

Division and case type: Environment and LandLand Case

….......................................APPLICANT AND DABER ENTERPRISES LIMITED...................................................................RESPONDENT (An application for a stay of execution pending the lodging and hearing…

…damages pending the hearing and determination of the intended appeal.…

6 min read

Judgment[1994] KECA 8210 August 1994

John Mwangi King'ori & 4 others v Steve Flavian Mwangi & another

Court of Appeal at NairobiGithinji,Aluoch,JUDGE APPEAL,JUDGE APPEWALCase number Civil Appeal 99 of 1994

Division and case type: CivilCivil Appeal

…She adjourned the application to 26th April 1994 for hearing inter partes.…

…From the directions of the Honourable Chief Justice what is for hearing today is the main suit and not the application. I am prepared for hearing of the main suit.…

appeal fails

Judgment[1997] KECA 39817 August 1997

Solomon K. Njuguna v Kenya Savings & Mortgages Ltd & another

Court of Appeal at NairobiJUDGE APPEAL,Onyango,Khaminwa,KiageCase number Civil Appeal 53 of 1996

Division and case type: CivilCivil Appeal

…Onyango is recorded to have stated as follows: “This hearing date was taken by consent of the parties. This morning I saw the Plaintiff in court.…

…It would appear to us that in this case the application was placed before Hayanga, J. for hearing on that account.…

13 min read

Judgment[1986] KECA 5828 September 1986

JOSHUA CHEGE WANYOIKE v JAMES THIGA MUKURO

Court of Appeal at NairobiJUDGE APPEAL,PatelCase number Civil Suit 136 of 1986

Division and case type: CivilCivil Suit

…of appeal and the appeal be admitted of time at the High Court of Kenya at Nakuru ( Masime J ) dated December 3, 1983 In High Court Civil Case No 235 of 1982 RULING The applicant was duly served with the notice for the hearing…

…The application was then stood over to this morning hoping that in the meantime the applicant would make enquiries so as to be notified of this morning’s hearing. There is no appearance again today.…

1 min read

Judgment[1984] KECA 675 April 1984

Gurbaksh Singh & Sons Ltd v Bank of Credit & Commerce International (O v erseas) Ltd

Court of Appeal at NairobiJUDGE APPEALCase number Civil Application 37 of 1983

Division and case type: CivilCivil Suit

…Alternatively, it seems, for it is not entirely clear, Mr Khanna, moves for an order that the executors of the deceased be substituted now and the hearing of the appeal be deferred pending the production of their grant of…

…probate, or the substitution and the hearing be deferred until the executors have obtained grant of probate.…

6 min read

Judgment[1984] KECA 686 February 1984

Gurbaksh Singh & Sons Ltd v Bank of Credit & Commerce International (O v erseas) Ltd

Court of Appeal at NairobiChesoni,JUDGE APPEAL

Division and case type: CivilCivil Appeal

…Alternatively, it seems, for it is not entirely clear, Mr Khanna, moves for an order that the executors of the deceased be substituted now and the hearing of the appeal be deferred pending the production of their grant of…

…probate, or the substitution and the hearing be deferred until the executors have obtained grant of probate.…

6 min read

Judgment[1986] KECA 8310 August 1986

Jitendra Brahmbhatt v Dynamics Engineering Ltd

Court of Appeal at Nairobijudge High Court,JUDGE APPEALCase number Civil Appeal 92 of 1983

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.…

petition is set asideDismissed42 min read

Judgment[1986] KECA 5928 September 1986

Joshua Chege Wanyoike v James Thiga Mukuro

Court of Appeal at NairobiJUDGE APPEAL,PatelCase number Civil Miscellaneous Application 55 of 1984

Division and case type: CivilMiscellaneous Application

…of appeal and the appeal be admitted of time at the High Court of Kenya at Nakuru ( Masime J ) dated December 3, 1983 In High Court Civil Case No 235 of 1982 RULING The applicant was duly served with the notice for the hearing…

…The application was then stood over to this morning hoping that in the meantime the applicant would make enquiries so as to be notified of this morning’s hearing. There is no appearance again today.…

1 min read

Judgment[1997] KECA 3209 March 1997

EVANSON K. NJOROGE & ANOTHER v KEBIRIGO GENERAL STORES LIMITED

Court of Appeal at NairobiJUDGE APPEAL,KAMENWA NJENGA

Division and case type: GeneralUnclassified

…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…

1 min read

Judgment[1985] KECA 13726 February 1985

Meru Express Ser v ices

Court of Appeal at NairobiCockar,judge did make Lubia,JUDGE APPEALCase number Civil Appeal 21 of 1984

Division and case type: CivilCivil Appeal

….…..RESPONDENT RULING When this appeal was called on for hearing, Mr Kwach, appearing on behalf of the two respondents, took the preliminary objection that the mandatory provisions of Rule 85 (1) (f) of rules of this court…

3 min read

Judgment[1992] KEHC 1259 March 1992

Harun Thungu Wakaba v Republic

High Court at NairobiBosireCase number Miscellaneous Criminal Application 34 of 1992

Division and case type: CriminalMiscellaneous Criminal Application

…In paragraph 17 of the affidavit counsel deponed that under section 77(1) of the Constitution, a person is entitled to a fair hearing when he is charged.…

…On 18th February, 1992, the matter came up for hearing before us.…

36 min read

Judgment[1983] KECA 619 October 1983

Meru Express Ser v ices (

Court of Appeal at NairobiJUDGE APPEALCivil Appeal 34 of 1982

Division and case type: CivilCivil Appeal

….…..RESPONDENT RULING When this appeal was called on for hearing, Mr Kwach, appearing on behalf of the two respondents, took the preliminary objection that the mandatory provisions of Rule 85 (1) (f) of rules of this court…

3 min read

Judgment[1998] KECA 234 October 1998

VIHIGA MILLERS & HIGHES LTD v NIFREDA MUDOLA

Court of Appeal at NairobiMbogholi Msagha,JUDGE APPEAL,Amolo,KiageCase number Civil Application 23 of 1998

Division and case type: CivilCase number Civil Application

…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.…

Judgment[1983] KECA 7518 May 1983

Pithoni Waweru Maina v Thuka Mugiria

Court of Appeal at Nairobijudge reached High,judge March,JUDGE APPEALCase number Civil Appeal 27 of 1982

Division and case type: CivilCivil Appeal

…was fixed for hearing on March 29, 1979.…

…It does not appear that the advocate informed his client of the hearing date.…

application is dismissedDismissed28 min read

Judgment[1984] KECA 569 July 1984

Ngome v Plantex Company Ltd

Court of Appeal at NairobiGACHUHI,JUDGE APPEALCase number Civil Appeal 91 of 1983

Division and case type: CivilCivil Appeal

…The appellant and his then advocate, had failed to attend court on the day fixed for the hearing of the suit.…

…The wording of rule 4(1) is as follows: “If on the day fixed for hearing after the suit has been called on for hearing outside the court, only the defendant attends and he admits no part of the claim, the suit shall be dismissed…

suit is dismissedDismissed10 min read

Judgment[2017] KECA 12120 December 2017

Aggrey Chiteri v Republic of Kenya

Court of Appeal at Nairobijudge High Court,JUDGE APPEAL,MarubeCase number Civil Appeal 292 of 2014

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…

Appeal granted