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…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…

…In making reference to Constitutional Petition No. 50 of 2020, he indicated that it came up for hearing on 28th July, 2020 before Judge E.…

…It was submitted that the lower court case came up for hearing on 29th July, 2020 but Mr.…

…Counsel further applied that the presiding judge do disqualify himself from hearing the renewed bail application as he had rejected the previous one and was thus looking to reach the same conclusion in the current one.…

…It was suggested in submission by counsel for the applicant that an applicant for bail under section 123(3) was entitled to trail his coat through every court and before every judge for fresh hearing. Held: 1.…

…There is today before me, the mention of Appeal No 31 of 1987 for directions as to the hearing of the same. It is necessary for me to recapitulate the courts’ history of the litigation involved.…

…Before the Court of Appeal could list the appeal for hearing, a letter dated the 16th March, 1987 was received from Advocate Mr Khaminwa by the Registry objecting to Judges of Appeal Nyarangi, Platt and Gachuhi to sit in…

…They took the hearing dates of 25th and 26th June, by consent.…

…On the same day a hearing date for this appeal was by consent fixed for 21st and 22nd October, 1998 at 9:30 a.m. Mr.…

…No. 1870/1/92 (the suit land) until the hearing and final determination of an intended appeal.…

…In the circumstances, we allow this application and issue an injunction restraining the plaintiff, his servants and agents from selling, disposing of, transferring or otherwise, dealing with the suit land pending the hearing…

…material in the circumstances of the case which could raise a reasonable doubt whether the conviction was right or lead him to the opinion that the sentence ought to be reduced, the appeal may, without being set down for hearing…

…We direct that the appellant's appeal to the High Court be returned for a judge to admit it to hearing. Dated and delivered at Nakuru this 20th day of February, 1995. A.M. AKIWUMI ………………… JUDGE OF APPEAL P.K.…

…There is inherent power to restore a case for hearing after it has been dismissed under order 16 rule 6. 2.…

…It follows from this quotation that there is an inherent power to restore a case for hearing after it has been dismissed under order 16, r 6.…

…Wamalwa's clerk obtained a date for the hearing of the chamber summons. That date was 6th February, 1996. On this date counsel for both the parties appeared before Bosire, J.…

…Ibrahim stated that that condition may remain in force pending the hearing and determination of the suit in the superior court.…

…The learned former Chief Justice, Simpson J as he then was, following a full hearing gave judgment on 25th May, 1979, in which he ordered that on receipt from the appellant of a sum of Kshs 1750/- the 1st respondent was to…

…completely overlooked the fact that on 31st July, 1984, Mr Mutungi also, who was then representing the appellant, had raised the matter of these two issues by way of preliminary objections before Masime, J, who was at that time hearing…

…JUDGE OF APPEAL It is also hereby ordered the three appeals filed in this matter by the respondent be listed for hearing at the same time. Dated and delivered at Nairobi this 3rd day of June, 1996. A.M.…

…Section 361(1)(b) of the Criminal Procedure Code debars this Court from hearing his appeal against sentence. The appellant's appeal is therefore incompetent and the same is struck out.…

…We are concerned at the absence of a representative from the office of the Attorney General although that office was notified of the hearing date, for this appeal, on 11th August, 1999.…

…When the suit came up for hearing before Shields J. on 6th November, 1990 Mr. Lakha (as he then was) appearing with Mr.…

…When the suit came up for hearing proper for the first time the defendant took a preliminary point (objection in limine) that plaint did not disclose a cause of action.…

…This suit is pending before the High Court and I will say no more about it except that on the eve of the resumed hearing of that suit, the appellants led the present suit from which this appeal lies.…

…In his opinion, Mr Keith deponed as follows in Paragraph 32: I verily believe that it would cause a great injustice to SCFS and the Receivers if they were forced to change advocates in the middle of the hearing as complex…

…Pending the hearing of the appeals, the appellant made an application for stay of execution and these are the applications which Justice Shields granted on 17th May 1993 condition of a deposit of Kshs.10,000/= per each appeal…

…The appellant’s Memorandum of Appeal to this Court was filed in its Nakuru sub-registry on January 23rd 1984, (almost another two months lost there) and we are now hearing this appeal 6 months later.…

…All this applies to the hearing of an appeal and not only a re-trial.…

…Accordingly, the judgment of the High Court is set aside and it is ordered that this appeal shall be listed before a different judge of the High Court for hearing according to law.…

…This is a strong indication that the judge is to decide the application on hearing one side only. No provision is made for the defendant being heard; and I do not think that we should allow it to be done at this stage.…

…under sections 27, 28 and 30 of the Limitation of Actions Act and if this is in affirmative whether the tortfeasor should be served with the Notice of Appeal, the Record of the proceedings, the judgement / ruling and the Hearing…