Case law
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Division and case type: CivilCivil Appeal
…The appellant filed a petition of appeal and during the hearing put in what he called submissions but which are in effect a repeat of the contents of the petition of appeal.…
…Upon our consideration of the proceedings in the two lower courts and hearing the submissions of the appellant we cannot find any such error. In the result this appeal is ordered to be dismissed with costs.…
Division and case type: CriminalCriminal Appeal
…This is an after thought and although his appeal should correctly, have been admitted to hearing in view of that ground, no court would have accepted his belated explanation in the light of his unequivocal plea of guilty…
…No purpose would, therefore, be served by sending back this appeal to the High Court for admission for hearing.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: ELRCMiscellaneous Application
…That pending the hearing and determination of the petition herewith, this Court be pleased to issue a conservatory order restraining the Respondents, their agents, servants, employees, or assignees from all further implementation…
…That to facilitate the expedient determination of this application and petition substantively, this court be pleased to issue an order of status quo prevailing at the time of ling pending the hearing and determination of…
Division and case type: CriminalCriminal Appeal
…Simon Nyamai attended the hearing of the appeal and the other appellants did not do so (at their own request).…
…Simon Nyamai added nothing in his submissions during the hearing of the appeal. We must be unmoved by these references to age or health or family obligations by such people.…
Division and case type: CivilCivil Suit
…The motion first came for a hearing on 25th April, 1989. Mr Mburu appeared for the applicant, while Mr Paul Kiambo appeared for the respondent, the defendant in the action.…
…He was allowed time up to 4th May, 1989, when the application next came for a hearing. He came up with a very recent English case of Rush & Tompkins Ltd v Greater London Council and Another [1988] 3 All ER 737.…
Division and case type: CivilCivil Suit
…Originally as the plaint stood, Coast Hauliers were not even a party to the suit and it was only during the course of the hearing that Mr Khanna who appeared for the then sole plaintiff ie Highway carriers Ltd realised that…
…He has not even appeared at the hearing. www.kenyalawreports.or.ke Nevertheless this court does not dispense justice in the abstract. The justice it dispenses must be in accordance with the law.…
Division and case type: CivilCivil Appeal
…Accordingly, we allow this appeal, set aside the award and order that the matter be remitted to the superior court for hearing and disposal by that court. The costs of this appeal are awarded to the appellant.…
Division and case type: CivilCase number Civil Application
…he entered summary judgment in the sum of Shs 17,773,889/- against Mr Magugu and Inns Ltd in favour of Gitutho Associates, Costcare Consultants, Kam Consult Engineers and Utmost Consultants (the respondent), pending the hearing…
…Accordingly, the application is allowed and the execution of the judgment and decree of Wambilyangah, J is hereby stayed pending the hearing and final determination of the intended appeal or further order on terms that the…
Division and case type: CivilCivil Appeal
…Can it embrace not only the clearest cases, but cases when there may be some argument, though the judge feels that they are not sufficient to go for hearing?…
…While the learned judge decided that there were no sufficient grounds to allow the appeal to go to hearing, in our opinion it cannot be said that this is one of the clearest cases.…
Division and case type: CivilCivil Case
…consider the nature of the action, the defence, however irregularly it may have been brought to the notice of the court and the question of whether the plaintiff can be reasonably compensated by costs for to deny a subject a hearing…
…the notice of the Court, however, irregularly, should be considered, the question whether the plaintiff can be reasonably compensated by costs for any delay occasioned should always be remembered that to deny a subject a hearing…
Division and case type: CriminalMiscellaneous Criminal Application
…I refuse this application and order it dismissed and if Mr Aluoch for the applicant is so inclined, he and the prosecution can have the case mentioned before the trial magistrate with a view to getting earlier hearing dates…
Division and case type: CriminalCriminal Appeal
…During the hearing of appeal, the applicant was represented. He must have been notified of the result of his appeal either by his advocate or his wife.…
Division and case type: CivilCivil Case
…At the hearing of the suit the Plaintiff’s witnesses adduced evidence to the effect that c. the accident was due to the negligence of the 1st defendant who was the 2nd defendant’s servant. They were duly cross-examined.…
Division and case type: CriminalCriminal Appeal
…For some reason, not easily ascertainable from the record, Criminal Appeal No. 38/97 came up earlier for hearing and was determined on 14th July, 1997.…
…Although Waki J in his judgment ordered the AttorneyGeneral to investigate the circumstances in which these suspects were released, no action was taken, with the result that when Criminal Appeal No. 38/97 came up for hearing…
Division and case type: CivilCivil Case
…Pandya for the Plaintiff was to supply the Court with his submissions within seven days from the date of the hearing. Mrs.…
…them agree that they did hear about that morning and as I pointed out earlier, D.W.4 did admit that he saw PW.2 talking to D.W.1 that morning.D.W.1 was with these witnesses that morning and it is only him who denies ever hearing…
Division and case type: CivilCivil Suit
…CORPORATION ….RESPONDENT COMBINED WAREHOUSE/ALLIED WHARFAGE….RESPONDENT RULING This is an application for stay of the execution of the Ruling of this court dated the 16th of June, 1995 and the orders made therein pending the hearing…
Division and case type: CivilCivil Suit
…CORPORATION ….RESPONDENT COMBINED WAREHOUSE/ALLIED WHARFAGE….RESPONDENT RULING This is an application for stay of the execution of the Ruling of this court dated the 16th of June, 1995 and the orders made therein pending the hearing…
Division and case type: CriminalCriminal Appeal
….…………….RESPONDENT JUDGMENT Two appeals have been consolidated for the purpose of hearing. These are Criminal Appeal No 33 of 1990 filed by Sammy Macharia and Criminal Appeal No 34 of 1990 filed by Kamau Muchiri.…
…At the hearing of the appeals, the learned counsel, Mr Olago-Aluoch has submitted that although the appellants purported to plead guilty, the charge was defective in that it did not disclose the enabling provisions of the…
Division and case type: CivilCivil Case
…Furthermore, it is also pertinent to remember that the plaintiff herein has premised his suit on the allegation that the commission did not accord him a fair hearing on the bribery allegations levelled against him before…