Search court decisions

…This petition alleges violation of the right to fair hearing, a right in the Bill of Rights.…

…The petitioner claims that he was not a party before the Supreme Court and, therefore, his case was determined without a hearing in violation of his right to a fair hearing.…

…the hearing and determination of the suit.…

…was scheduled for hearing.…

…At the commencement of the hearing, the parties entered a consent on liability at 25:75 in favour the plaintiff. The case then proceeding for hearing on quantum.…

…to a fair hearing due to irregularities 14.…

…The court failed to allow the appellant’s witnesses, whose statements were filed, to testify, thereby denying her a fair hearing.…

…in a fair and public hearing before an independent and impartial court or tribunal.…

…Having so found, the prayer by the plaintiffs to file documents in response post commencement of the hearing falls short of the required threshold. No credible reason has been given for this.…

…Accordingly, the appropriate course is to hold parties to the existing case management pathway and proceed to hearing.…

…He was admitted to bail and the case set down for hearing on 22 November 2023. However, come that day, the trial magistrate was away on official duty and hearing was rescheduled to 29 November 2023.…

…Despite the appellant’s absence, hearing commenced where two witnesses testified before the trial was adjourned to 2 October 2024. On that day, hearing did not proceed since the trial magistrate was away on leave.…

…He noted that while the 2nd defendant had denied receiving the Hearing Notice for 27th September, 2023, it did not deny having received the amended plaint that was served along with the said Hearing Notice.…

…This matter proceeded for hearing in the absence of the 2nd defendant on 27th September, 2023.…

…THAT pending the hearing of this application inter parties, this Honourable Court be pleased to issue a temporary order restraining the 3rd, 4th, and 5th respondents, their employee or servant or anyone else acting on their…

…MCC/E084 of 2022 and the costs related thereto pending the hearing and determination of the petition herein. THAT the costs of and incidental to this application be costs in the cause in any event.…

…THAT pending the hearing of this application inter parties, this Honourable Court be pleased to issue a temporary order restraining the 3rd, 4th, and 5th respondents, their employee or servant or anyone else acting on their…

…MCC/E084 of 2022 and the costs related thereto pending the hearing and determination of the petition herein. THAT the costs of and incidental to this application be costs in the cause in any event.…

…During the hearing, both parties testified as witnesses, butneither called any additional witnesses. After hearing and analysis of the evidence presented before court, the trial court dismissed the suit with costs.…

…Whether the Appellant was accorded a fair hearing and b. Whether the Appellant proved his case on a balance of probability a. Whether the Appellant was accorded a fair hearing 19.…

…This application was initially scheduled for inter partes hearing on 25th September 2024 as per the court order served.…

…However, on the that date, the court did not sit and directed that new hearing dates would be communicated to the parties.…

…Eventually, it was given a date, on 2nd August 2022, for hearing. It came up for hearing on 17th November 2022, 16th February 2023 and 25th April 2023, and was adjourned, for a variety of reasons.…

…Article 50 is about fair hearing. The appellant obtained a date for hearing by consent. On the due date, there was no attendance on its part.…

…The application was dismissed and the matter set down for hearing. The matter was thereafter set down for hearing on the 18.3.2024.…

…This matter was certified ready for hearing on 11.6.2018. The defendant has had enough time to file their documents. The defendants knew the matter was set for hearing today.…

…On the scheduled hearing date, the Plaintiffs filed a Notice of Change of Advocates on the eve of the hearing. Ms. Abok appeared holding brief for Mr. Kaburu, while Mr. Koech represented the Defendants and Mr.…

…This was despite the fact that the hearing date had been taken in November 2024, about 3 months prior to.…

…The Learned trial Magistrate erred in law and in fact by denying the Appellant his right to a fair hearing by failing to acknowledge that counsel on record at the time of hearing ceased acting for the Appellant thereby causing…

…properly on record and therefore unable to proceed with the hearing. d.…

…The concern raised by the applicant that the reason for bringing forward the hearing was to scuttle the hearing before the Court of Appeal is unsubstantiated.…

…The Court directed the hearing of all the applications to proceed on 2nd November 2023.…

…The matter is for hearing of the protest dated 27.1.21 . Direction on hearing of the motion were given on 22.9.21 . on 24.11.21 the protester sought adjournment as she was bereaved.…

…On 13.12.23 directions were given again for viva voce evidence and counsel confirmed that documents had been exchanged and they were ready for hearing.…

…The appellant did not tender her evidence in court because on the scheduled hearing date, there was no appearance and the court noted that the appellant was duly served with the hearing notice and there was an affidavit of…

…The court ordered that hearing be rescheduled to 21st October 2021 and that a hearing notice to issue in that regard.…

…The court acceded to the Respondent’s request and set down the matter for hearing on 14.06.2022. On the hearing date, the parties also informed the court that they were ready to resolve the matter amicably.…

…of the hearing. 11.…