Judgment[1987] KECA 2
Case law
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Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: Anti-CorruptionCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…I have no doubt the appellant was taken by surprise by the introduction of the unpleaded cause of action at the hearing, but although his advocate protested he did in fact, to some extent, participate in the consideration…
…Had issues been framed at the hearing, the necessity for amendment of the pleadings would immediately have become apparent, and much trouble and expense avoided.…