Case law
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Division and case type: High Court Commercial and TaxCommercial Arbitration
…He asserts that the Respondent was aware of the hearing date of 2nd October 2018 from the arbitrator as they were served with the hearing notice dated 17th September 2018 on 18th September 2018 with a copy of the said hearing…
…On the Competence of the Application, the Applicant submits that the Respondent was aware of the hearing date of 2nd October 2018 from the arbitrator as they were served with the hearing notice dated 17th September 2018 on…
Division and case type: High Court Commercial and TaxCommercial Matters
…She deposed that the hearing of this case begun on 9th October, 2015 with the plaintiff’s witness who was stepped down midstream cross-examination, and the case has never been set down for hearing again. 5.…
…That the said appeal had not been given a hearing date and it was uncertain when the appeal would be heard and determined given the fact that the Court of Appeal was hearing older appeals. 17.…
Division and case type: High Court Commercial and TaxCommercial Matters
…She deposed that the hearing of this case begun on 9th October, 2015 with the plaintiff’s witness who was stepped down midstream cross-examination, and the case has never been set down for hearing again. 5.…
…That the said appeal had not been given a hearing date and it was uncertain when the appeal would be heard and determined given the fact that the Court of Appeal was hearing older appeals. 17.…
Division and case type: High Court CivilCivil Suit
…I fixed the matter for hearing on 22 nd May 2025 on which date the Plaintiff or counsel were not present. Mr.…
…The hearing notice is dated 23 rd May 2025 and it was served on 23 rd May 2025 at 15:12pm through litigation@mitullahshakolaw.com . This court has no reason to doubt that service of the hearing notice was properly done.…
Division and case type: High Court DivCivil Appeal
…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.…
Division and case type: High Court CivilConstitution and Human Rights Petition (Civil)
…Pending the hearing and determination of this application the Court be pleased to prohibit the 10th Respondent and any other magistrate from hearing any criminal proceedings against the Petitioners arising from any complaint…
…Pending the hearing and determination of this Petition the Court be pleased to prohibit the 10th Respondent and any other magistrate from hearing any criminal proceedings against the Petitioners arising from any complaint…
Division and case type: High Court CivilConstitution and Human Rights Petition (Civil)
…Pending the hearing and determination of this application the Court be pleased to prohibit the 10th Respondent and any other magistrate from hearing any criminal proceedings against the Petitioners arising from any complaint…
…Pending the hearing and determination of this Petition the Court be pleased to prohibit the 10th Respondent and any other magistrate from hearing any criminal proceedings against the Petitioners arising from any complaint…
Division and case type: High Court CriminalCriminal Revision
…That this was the third time the matter was coming up for hearing and in all hearing dates witnesses were available. 3.…
…That there was no evidence that a signal had been made to the said witness informing him of the hearing date. The court further noted the prosecutor was not ready on the previous hearing.…
Division and case type: High Court CivilFamily P&A Testate
…There is also the argument that the service of 9th July 2025 was took close to the hearing of 10th July 2025, and it denied the applicant and his Advocate time to adequately prepare for hearing. 3.…
…The matter was coming up on 10th July 2025, yet service was effected on 9th July 2025, just a day from the date scheduled for hearing.…
Division and case type: High Court CivilCivil Suit
…The plaintiff’s counsel maintains that the defendants have never been keen on having the case proceed to hearing and were thus employing all tactics to scuttle the hearing and thus acted contrary to the court’s direction…
…during the hearing date. 9.…
Division and case type: CivilCivil Case
…The main ground upon which the application has been based is that they were not served with a hearing notice informing them of the date of trial. This suit was fixed to come for a hearing on 2nd March, 1989.…
…Consequently it became necessary to issue and serve upon them a hearing notice.…
Division and case type: COMMERCIAL DIVISIONJudicial Review
…and cannot be reopened by the High Court; and that an error in the decision of the Court of Appeal cannot be said to be a violation of the right to a fair hearing.…
…The effect of such violations is to vitiate the trial to such extent that it amounts to no trial” [13] The appellant asserted that he was not accorded a fair hearing, nor was the hearing by the Court of Appeal conducted in…
Division and case type: High Court CivilFamily P&A Testate
…There is also the argument that the service of 9th July 2025 was took close to the hearing of 10th July 2025, and it denied the applicant and his Advocate time to adequately prepare for hearing. 3.…
…The matter was coming up on 10th July 2025, yet service was effected on 9th July 2025, just a day from the date scheduled for hearing.…
Division and case type: High Court Judicial ReviewJudicial Review
…Unfortunately, according to her, when the matter was fixed for hearing by counsel for the Ex-Parte Applicant the State Counsel handling the matter at the time of the hearing was on transfer and as such the matter proceeded…
…According to him The 1st Respondent seeks in the main, the setting aside of the Judgment delivered in this matter on the ground that the hearing preceding the Judgment was conducted without hearing the 1st Respondent and/…
Division and case type: High Court Commercial and TaxCommercial Matters
…Yet again, the 18th day of February, 2025 when this matter came up for hearing at 200pm, Mr.…
…The plaintiff also gets the benefit that this matter was scheduled for hearing today and tomorrow. Accordingly, today’s hearing of the suit is hereby adjourned.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…After preliminary issues, the suit was set down for hearing on 28th September 2021 by the court in the presence of counsel for both parties.…
…The hearing date set was 28th September 2021. This date was given in court on 10th September 2021 when both parties were present.…
Division and case type: High Court CivilCivil Appeal
…They faulted the trial court for dismissing their application of 6th August 2024 without affording them a hearing, contrary to the provisions of Article 50(1) of the Constitution on the right to a fair hearing.…
…Analysis and Determination Right to Fair Hearing The court record shows that Summons for Confirmation was set down for hearing on 25 th October 2022 when the matter was adjourned to 1 st November 2022 after the court noted…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…Agina submitted that the matter was for directions on the hearing of the petition but that he had noted that it was coming up for hearing. 16. Mr.…
…When only defendant attends [Order 12, rule 3] (1) If on the day fixed for hearing, after the suit has been called on for hearing outside the court, only the defendant attends and he admits no part of the claim, the suit…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Section 8 of the Transfer of Business Act, Cap 500, Laws of Kenya, which was dismissed, and subsequent hearing dates slated by consent. 5.On 21st October, 2015, the matter came up for hearing, whilst both counsels present…
…The court was informed by defence counsel that the plaintiffs had served them with a hearing notice and the matter was therefore confirmed for hearing and not mention. ...the plaintiff’s counsel avers and submits to have…
Division and case type: High Court DivFamily P&A Citation
…The Deputy Registrar fixed the matter for hearing on 7/12/2022 before the Judge. A hearing Notice was to issue. On the hearing date the applicants were not present and were not represented.…
…It is only upon the transfer of the matter to Makueni that the applicant failed to appear before the court on the first hearing.…