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…When the two appellants’ appeals from the decision of Bhandari J came before this court for hearing it was disclosed that there was in existence a letter from Mr S K M Mwangi dated June 16, 1984 to the prison authorities…

…The advocate further stated that a memorandum of appeal had been filed and that a hearing date was due to be fixed by the High Court registry.…

…It was ordered that the application be heard inter-partes on August 10 1988, on which date after the hearing inter-partes, the High court ordered that the ex parte order do remain in force and that the hearing interpartes…

…At the commencement of the hearing inter partes, Mr Alibhai for the defendants, raised a preliminary objection to the effect that as the appellant firm was under receivership, its directors could not bring an action against…

…The appellant appealed to the superior court against both conviction and sentence and also filed an application under section 358 of the Criminal Procedure Code for leave to adduce additional evidence at the hearing of the…

…When the appeal came for hearing in the superior court, Mr Chunga raised a preliminary objection based on section 348 of the Criminal Procedure Code, that the appeal against conviction was incompetent and should be struck…

…Gatonye filed a formal application for stay of execution pending appeal and a temporary stay of execution pending appeal was granted pending the hearing of the application.…

…This Court duly granted a stay order which effectively restored the status quo on the suit premises pending the hearing of the said application inter parties.…

…At the commencement of the hearing of the said application, learned counsel for the applicant, Mr Shehmi, raised a preliminary point of law challenging the jurisdiction of the court in making a closing order under section…

…Gatonye filed a formal application for stay of execution pending appeal and a temporary stay of execution pending appeal was granted pending the hearing of the application.…

…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.…

…During the hearing before the trial magistrate the respondent testified that he was injured whilst traveling in the subject vehicle, pursuant to which he filed Civil Suit No.5808 of 1993 and obtained judgment in his favour…

…(Inote that during the hearing of this case the defendant wasrepresented by Mr.…

…At the hearing of this appeal, there were two other interested parties who appeared by advocates and who wished to be heard.…

…This Court on the conclusion of the hearing arrived at the unanimous decision which was delivered under rule 32(5) of the Rules of this Court allowing the appeal with costs and setting aside the orders made by the Election…

…The matter was stood over for further hearing. These orders were also held to be null. Later on May 10, 1978 the parties came to an agreement.…

…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.…

…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.…