Case law
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Division and case type: Constitutional and Human RightsElection Petition
…That pending the hearing of this application all proceedings be stayed. And 3. That the petitioner do pay the costs of the first respondent in Respect of the Petition as well as of this application.…
…There is evidence that before the petition is set down for hearing the respondent is asking for the petition to be struck off.…
Division and case type: CivilCivil Case
…Wamalwa during the hearing of this application that the opening of the account was directed to the respondents. The order clearly refers to the two firms and not to one.…
…As the action was likely to cause irreparable loss to the plaintiff, the plaintiff filed the current application on 18th May, 1992, seeking enlargement of time within which to comply with the court’s order pending the hearing…
Division and case type: CivilCivil Case
…Wamalwa during the hearing of this application that the opening of the account was directed to the respondents. The order clearly refers to the two firms and not to one.…
…As the action was likely to cause irreparable loss to the plaintiff, the plaintiff filed the current application on 18th May, 1992, seeking enlargement of time within which to comply with the court’s order pending the hearing…
Division and case type: Constitutional and Human RightsElection Petition
…(viii) THAT the Applicant despite being afforded a second bite at the cherry during the hearing failed to lay a basis for scrutiny, recount or production of the electoral materials.…
…Amana -versusIEBC & 2 Others, the Court emphasized the Recent trend is that Scrutiny can only be ordered where a Petitioner lays sufficient basis after he has adduced evidence during the actual hearing of the Petition.…
Division and case type: CriminalCriminal Appeal
…If at the close of evidence in support of the charge, and after hearing such summing up, submissions or arguments as the prosecutor and the accused person or his advocate may wish to put forward, it appears to the court that…
…“S.211.(1) At the close of the evidence in support of the charge, and after hearing such summing up, submission or argument as may be put forward, if it appears to the court that a case is made out against the accused person…
Division and case type: CivilCivil Case
…From the diametrical rival positions of the litigants the hearing of the case by the Court and the Court’s judgment was the only possible solution.…
Division and case type: CriminalCriminal Appeal
…During the hearing, the trial magistrate conducted a single trial within a trial in respect of four of the accused persons after which their retracted confessions, which, though made on different days had been recorded by…
Division and case type: CivilCivil Appeal
…At the beginning of the subsequent, inter partes hearing of the related application, a preliminary objection was raised on behalf of the 2nd respondent that the applicants had no locus standi to bring the action they had…
Division and case type: CivilCivil Appeal
…This appeal, which took almost 17 days of hearing, arises out of two applications made in the superior court in its Winding Up Cause No 44 of 1999.…
…The first condition is that of reinstatement of Messrs Gregory and Sheikh as receivers pending the hearing and determination of the reference. This condition is onerous and ruinous to Rai Ply.…
Division and case type: CivilMiscellaneous Application
…This in administrative law is the rule which is known as AUDI ALTERAM PARTEM (hearing either sides or the right to a fair hearing).…
Division and case type: CivilCivil Appeal
…The application was mainly argued on the point of law as no defence had been filed and even if it was placed on the file at the time of the hearing it was never relied upon by the trial judge in her ruling.…
…Upon the inter partes hearing of the application the learned judge of the High Court in her ruling concluded that the suit against the respondent: “...discloses no reasonable cause of action, and is clearly frivolous and…
Division and case type: CivilCivil Appeal
…At the hearing of the appellant’s application, his case was that in 1973 he purchased the suit land from the respondent.…
…Indeed, at the hearing of this appeal he contended that the trial judge did not consider the duration he (appellant) had been in occupation of the suit land nor did he consider his having purchased this land.…
Division and case type: CivilMiscellaneous Application
…inter-meddling, committing waste and or entering Plot No. 759/11 Ndagani, Plot No. 053/053 (market stall) Chuka, Plot No. 054/054 (market stall) Chuka, KARINGANI/NDAGANI/763, KARINGANI/NDAGANI/716 and MWANJATI/MARIANI/4779 pending hearing…
Division and case type: CivilCivil Suit
…inter-meddling, committing waste and or entering Plot No. 759/11 Ndagani, Plot No. 053/053 (market stall) Chuka, Plot No. 054/054 (market stall) Chuka, KARINGANI/NDAGANI/763, KARINGANI/NDAGANI/716 and MWANJATI/MARIANI/4779 pending hearing…
Division and case type: CriminalCriminal Appeal
…After the close of the prosecution case, the trial magistrate was transferred from Kiambu to Nyeri and after further adjournments and mentions, a hearing date was set for June 18, 1984, nearly one whole year since the trial…
Division and case type: CriminalCriminal Appeal
…This was conceded in court by state counsel at the hearing of this appeal. Complaint was made in particular of the judge’s finding that Mathare Mental Hospital is not an institution for treating epilepsy.…
Division and case type: Milimani Commercial CourtsCivil Case
…If the husband cannot live peacefully with the wife under the same roof but in different chambers in their matrimonial home pending the hearing and determination of the property suit he had better look for alternative accommodation…
Division and case type: CriminalCriminal Appeal
…The appellant appealed against both the convictions and sentences in this case too and the High Court in Criminal Appeal 287/85 (Schofied and Amin JJ) on February 25, 1986 after hearing the appeal decided that a total sentence…
Division and case type: Constitutional and Human RightsPetition
…Before the commencement of this hearing it was agreed that the proceedings were in accordance with section 70 of the Succession Act.…
…Directions had been previously obtained that the hearing would be by way of viva voce evidence. The two parties were heard in evidence. Both adduced further evidence from one witness each.…
Division and case type: CivilCivil Case
…On the same day Mr Justice Akiwumi granted the application for temporary injunction until 2.9.88 for hearing the application inter partes. On 2.9.88 Mr Justice Tank extended the injunction to 7.9.88.…