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…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.…

….….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…

…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.…

…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.…

…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…

…The order for the arrest of the ship was made by Githinji, J on 5th December, 1988, after a brief hearing in Chambers. 81.…

…Application No 646 of 2004, without notifying or inviting the Board to the hearing of the Application as an interested party.…

…The same goes for the Kenya Sugar Board which made no appearance at the hearing. The costs of the appeal shall however be paid to the respondent, Kenya Revenue Authority, and Krish Commodities, an affected party.…

…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.…

…All of them were inculpatory, and all were challenged, with the result that no less than five trials within trials were held during the hearing of this case with respect to statements allegedly made the second appellant.…

…In other words he performed a somersault, as one of our members commented during the hearing of the appeal. The relevance of Mr.…