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…, 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.…

…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.…

…Khaminwa, complained at the start of the hearing of the appeal that the record of appeal contains illegible pages which rendered the record of appeal incompetent. He relied on Rule 13 of the Rules of this Court. Mr.…

…This appeal to be listed for hearing during the next session in Mombasa. Dated and delivered at Mombasa this 26th day of July, 1995 J. M. GACHUHI ………………….. JUDGE OF APPEAL R. S. C. OMOLO …………………. JUDGE OF APPEAL A. A.…

…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…

…Khaminwa, complained at the start of the hearing of the appeal that the record of appeal contains illegible pages which rendered the record of appeal incompetent. He relied on Rule 13 of the Rules of this Court. Mr.…

…This appeal to be listed for hearing during the next session in Mombasa. Dated and delivered at Mombasa this 26th day of July, 1995 J. M. GACHUHI ………………….. JUDGE OF APPEAL R. S. C. OMOLO …………………. JUDGE OF APPEAL A. A.…

…That application came up for hearing before a single judge of this Court (Muli, J.A.), who on 2nd June, 1993 granted the extension sought and ordered further that the intended appeal be filed within 60 days from the date…

…Civil Appeal No. 34 of 1994 came up for hearing first on 17th July, 1997 when the court drew the attention of the applicant's counsel to the fact that order of Muli J.A extending time to file the notice and the record of…

…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…

…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.…

…On December 17, 1986, the High Court (Kwach Commissioner) dismissed an application for injunction brought against the respondent after a hearing inter partes.…

…We also discharge and revoke the stay of execution granted by this Court pending the hearing and determination of the appeal. Dated and delivered at Nairobi this 13th day of July , 1988 F.K.…

…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.…

…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.…

…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.…

…When the appeal came for hearing before us, Mr Chunga the Deputy Public Prosecutor, raised a preliminary objection under section 348 of the Criminal Procedure Code to the effect that the intended appeal by the appellant against…

…As to that aspect of the appeal we shalt revert later after hearing both counsel on the matter.…

…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…