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…Mr Justice Chesoni began hearing the summons inter partes on August 23, 1982 and because it concerned a corpse decomposing in the City Mortuary from the day Teresia Wangari Mwangi died, which was on August 11, 1982, he refused…

…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.…

…After hearing the matter argued, the judge refused to grant an adjournment and ordered that the suit proceeds. I do not think that there was any vagueness whatever about, the consequence of the decision of the judge.…

…At the hearing of the application he admitted that the summons was given to his son who stays with him but said that son did not give the summons to him.…

….….DEFENDANT (Appeal from the High Court at Mombasa, Bhandari J) JUDGMENT This is an appeal from a judgment of Bhandari J following a hearing which took place at Mombasa to determine the claim of the appellant as plaintiff…

…It does not need the panoply of a full hearing by a senior resident magistrate, and of an appeal by two High Court judges to point that out. It is obvious to all, particularly those who operate the system.…

…When hearing opened, counsel for the appellants informed the Court, that he would seek a reversal of a judgment of this Court composed of the ordinary bench of three judges.…

…The record tells me that Mr Nowrojee appeared for the plaintiff on three occasions, and each time the hearing was adjourned by consent of the parties.…

…He advised the advocates for the parties to get on with the pleadings and then appear before him for early hearing dates for the trial.…

…PW6 David Musyoki Makau, a kiosk operator stated that after hearing the scream, he saw smoke. He was accompanied by PW7 when they forced open the gate.…

…The suit should be set down for hearing.”…

…that “this court has the jurisdiction to entertain this claim in rem” on the basis of assumptions or inferences in favour of the plainti when such assumptions or inferences were not only not canvassed before him on the hearing…

…No expert evidence was adduced to prove the signature was his but the trial judge was entitled, after hearing the parties to believe Chief Inspector Nzuki, as he did, that the appellant signed the statement in Nzuki's presence…

…But when hearing of the suit opened before Cockar J on the 14th December 1982, both appellants reversed their position and admitted liability for negligence.…