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…The facts disclosed at the hearing are quite simple and straight forward. This appeal arises from the decision of Amin J dated October 17, 1988.…

…Neither the applicant nor the respondent's advocate exhibited a copy of such certificate but during the hearing of the application it was common ground that such a certificate had been given.…

…At the hearing before the learned Judge, evidence was given by Fredrick Gachoka Njoroge (plaintiff No. 4) and one Kinuthia Githuri on behalf of the plaintiffs whilst the defendant gave evidence and called one witness.…

…application for amendment under rule 44 should be heard first by a single judge, as provided by rule 52 of the rules, without prejudice to the full bench’s right to give leave to amend on an informal application during the hearing…

…In the course of the hearing, the second defendant was permitted to amend his defence against the first defendant, by adding a counter-claim, and a fresh agreed statement of facts was put before the court, with a few facts…

…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 plaintis called twelve witnesses and the defendant called nine and the hearing took a total of 30…

…judge in assessing general damages failed to appreciate or to consider the fact that although the loss of one eye by itself would not be regarded as so serious an injury as the loss of one hand or one leg or the loss of hearing…

…in one ear, the loss of sight in both eyes would be a lot more serious than the loss of two legs or two hands or the total loss of hearing, and he should have awarded damages in the light of awards for such injuries.…

…When the appeal came on for hearing, Bundi the second appellant in that court withdrew his appeal when he was warned that in the event his appeal against conviction was unsuccessful the sentence of imprisonment could be set…

…This conviction was wrong.Accordingly, we allow this appeal, quash the conviction and set aside the sentence of 18 months imprisonment although when this appeal came up for hearing on 22nd September, 1992 the appellant had…

…The application came for hearing before Khamoni, J on the 10th April, 1990, and in a reserved ruling delivered on the 17th April, 1990, the learned judge dismissed the application with costs.…

…This conviction was wrong.Accordingly, we allow this appeal, quash the conviction and set aside the sentence of 18 months imprisonment although when this appeal came up for hearing on 22nd September, 1992 the appellant had…

…I have no doubt the appellant was taken by surprise by the introduction of the unpleaded cause of action at the hearing, but although his advocate protested he did in fact, to some extent, participate in the consideration…

…Had issues been framed at the hearing, the necessity for amendment of the pleadings would immediately have become apparent, and much trouble and expense avoided.…

…This is an appeal from the judgment and order of the High Court (Porter, J) on the hearing of an originating summons filed on November 17, 1988 under section 57(8) of the Registration of Titles Act, cap 281 and under Order…

…To the appellant therefore, this was one of the serious and key issues disclosed in its defence to the respondent’s claim and which could only be determined at the hearing of the suit abovementioned.…

…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…

…At the hearing of this appeal, learned counsel Mr.…

…This appeal, which took almost 17 days of hearing, arises out of two applications made in the superior court in its Winding Up Cause No 44 of 1999.…

…The first condition is that of reinstatement of Messrs Gregory and Sheikh as receivers pending the hearing and determination of the reference. This condition is onerous and ruinous to Rai Ply.…

…This was conceded in court by state counsel at the hearing of this appeal. Complaint was made in particular of the judge’s finding that Mathare Mental Hospital is not an institution for treating epilepsy.…

…The appellant appealed against both the convictions and sentences in this case too and the High Court in Criminal Appeal 287/85 (Schofied and Amin JJ) on February 25, 1986 after hearing the appeal decided that a total sentence…

…At the hearing of the appeal a more careful case was presented.…