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…The deceased and her husband, Henry Okoth (PW 2), testified at the hearing while the appellant called its legal Assistant; Samwel Njoroge (DW 1) as a witness.…

…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…

…In his written submissions, the appellant claims that he does not understand the Swahili language properly and applies to this Court for assistance in obtaining the services of a Kuria interpreter during the hearing of the…

…It probably meant the determination of the proper boundary after hearing the parties.…

…At the hearing of the appeal a more careful case was presented.…

…The magistrate was duty bound after hearing the evidence to declare the position in law.…

…(d) Counsel shall now take hearing dates for the remaining interlocutory matters and/or the main petition. Orders accordingly Dated and delivered at Nairobi this 27th day of July, 1998. A. MBOGHOLI MSAGHA JUDGE…

…The applicant is seeking Prayer No.3 which seeks the following orders:- “ That pending the hearing and determination of the cause, the Honourable Court be pleased to issue an order, restraining the Objector JONATHAN M’NKANATA…

…Although a defence was filed denying liability no defence witnesses were available on the date of hearing and the learned Judge embarked on proceedings in which the only oral testimony was that of the plaintiff/Appellant,…

…question of the motor vehicle KWL 653, which was the subject of an application by the republic before the Chief Justice on February 17, 1986, and was referred by him to the full bench which was then about to continue the hearing…

…Each of the two defendants filed their written statements of defence denying their liability to the plaintiff but the court need not narrate these defences because when the suit came up for hearing Mr Juma appearing for both…

…second figure was arrived at by an assumption of early retirement, leading to the use of a multiplier of ten years or 120 months, and a multiplier of Kshs 2805 per month, being the respondent’s earnings at the date of the hearing…

…More recently, however, this court has held that it will not lightly differ from the findings of fact of a trial judge who had had the benefit of seeing and hearing all the witnesses, and will only interfere with them if…

…Mr Lakha who appears with Mr Makhecha for the plaintiff at the hearing of the motion submits that if the facts are admitted in the pleadings and / or in the correspondence the plaintiff is entitled to an interlocutory judgment…

…Mr Nowrojee submitted that the defendants were entitled to have not only matters of fact but also questions of law dealt with in the normal process, that is at a hearing.…

…Establishments) Act, cap 301, the Act hereinafter, though the defendant in its defence and counter claim avers in paragraph 6 thereof that – “Notwithstanding what is stated in paragraph 5 above, the defendant shall aver at the hearing…

…However, the Affidavits and the letters exchanged between the representatives of the parties produced before the High Court during the hearing of the Notice of Motion disclosed a divergence of views about the acreage.…

…Unfortunately an indication of how the appellant and his advisers would have interpreted those letters might have been found in Messrs Khaminwa and Khaminwa’s letter of June 27, 1977 but that was neither produced at the hearing…

…When the appeal came up for hearing Mr. Ogada who appeared before me for the appellant submitted that the learned Magistrate erred in convicting his client when the case was not proved to the required standard. Mr.…

…The appellant made no application for stay of proceedings but when the case came up for hearing on 12th August 1992, more than four years later, the appellant's Advocate raised the arbitration issue in the form of a preliminary…

…The case came up before me for hearing on 28th June, 1989 and on perusing the record I noticed that there was not much dispute on the facts of the case and accordingly with consent of the advocates for the parties I ordered…