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…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.…

…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.…

…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.…

….......................................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.…

…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.…

…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.…

…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.…

…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.…

…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.…

…, 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.…

…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.…

…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…

….…..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…

…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.…

….…..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…

…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.…

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

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

…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…

…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…