Case law
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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: CivilCivil Appeal
…That application came up for hearing before a single judge of this Court (Muli, J.A.), who on 2nd June, 1993 granted the extension sought and ordered further that the intended appeal be filed within 60 days from the date…
…Civil Appeal No. 34 of 1994 came up for hearing first on 17th July, 1997 when the court drew the attention of the applicant's counsel to the fact that order of Muli J.A extending time to file the notice and the record of…
Division and case type: CriminalCriminal Appeal
…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: CivilCivil Appeal
…The court made the order asked for and the plaintiff’s suit was dismissed even though the particulars had been supplied before the hearing date of the defendant’s application, and notwithstanding also the plaintiff’s offer…
…we would allow the appeal, set aside the order made by the learned judge, and direct that, subject to any further necessary interlocutory applications whether relating to particulars or other matters, the suit proceed to hearing…
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 Appeal
…The learned former Chief Justice, Simpson J as he then was, following a full hearing gave judgment on 25th May, 1979, in which he ordered that on receipt from the appellant of a sum of Kshs 1750/- the 1st respondent was to…
…completely overlooked the fact that on 31st July, 1984, Mr Mutungi also, who was then representing the appellant, had raised the matter of these two issues by way of preliminary objections before Masime, J, who was at that time hearing…
Division and case type: CivilCivil Appeal
…It was ordered that the application be heard inter-partes on August 10 1988, on which date after the hearing inter-partes, the High court ordered that the ex parte order do remain in force and that the hearing interpartes…
…At the commencement of the hearing inter partes, Mr Alibhai for the defendants, raised a preliminary objection to the effect that as the appellant firm was under receivership, its directors could not bring an action against…
Division and case type: CivilCivil Appeal
…No. 1870/1/92 (the suit land) until the hearing and final determination of an intended appeal.…
…In the circumstances, we allow this application and issue an injunction restraining the plaintiff, his servants and agents from selling, disposing of, transferring or otherwise, dealing with the suit land pending the hearing…
Division and case type: CivilCivil Appeal
…Before doing so, however, I must state that at the commencement of hearing the substantive application, Mr Deverell, advocate for the applicant, applied that I should disqualify myself from hearing the same.…
…Lord Hewart CJ clearly thought that the acting magistrates’ clerk’s involvement in the civil proceedings was such that he should never have participated in the hearing before the magistrates and went so far as to indicate…
Division and case type: CivilMiscellaneous Application
…Before doing so, however, I must state that at the commencement of hearing the substantive application, Mr Deverell, advocate for the applicant, applied that I should disqualify myself from hearing the same.…
…Lord Hewart CJ clearly thought that the acting magistrates’ clerk’s involvement in the civil proceedings was such that he should never have participated in the hearing before the magistrates and went so far as to indicate…
Division and case type: CivilCivil Appeal
…On December 17, 1986, the High Court (Kwach Commissioner) dismissed an application for injunction brought against the respondent after a hearing inter partes.…
…We also discharge and revoke the stay of execution granted by this Court pending the hearing and determination of the appeal. Dated and delivered at Nairobi this 13th day of July , 1988 F.K.…
Division and case type: CivilCivil Appeal
…On December 17, 1986, the High Court (Kwach Commissioner) dismissed an application for injunction brought against the respondent after a hearing inter partes.…
…We also discharge and revoke the stay of execution granted by this Court pending the hearing and determination of the appeal. Dated and delivered at Nairobi this 13th day of July , 1988 F.K.…
Division and case type: CriminalCriminal Appeal
…A NO 320 of 1990) ORDER OF THE COURT The appellant has not appeared though served with the hearing notice on 15th February, 1993 at 2.15 p.m.…
Division and case type: CriminalCriminal Appeal
…The appellant appealed to the superior court against both conviction and sentence and also filed an application under section 358 of the Criminal Procedure Code for leave to adduce additional evidence at the hearing of the…
…When the appeal came for hearing in the superior court, Mr Chunga raised a preliminary objection based on section 348 of the Criminal Procedure Code, that the appeal against conviction was incompetent and should be struck…
Division and case type: CriminalCriminal Appeal
…For reasons which we do not know, the appeal was not fixed for hearing until now, that is after a period of five years.…
…In these circumstances, it would not be in the interest of justice to direct the High Court to admit the appeal to hearing as this will undoubtedly cause a further delay.…
Division and case type: CivilCivil Appeal
…That a temporary injunction be granted restraining the 2nd defendant from selling, transferring or otherwise interfering with the parcel known as Chembe/Kibabamushe/427 pending hearing and determination of this suit. 2.…
…At the hearing of this appeal on 28th and 29th April, 1994, Mr Nowrojee who appeared with Mr Ritho for the appellants without reference to any of the appellants’ seventeen grounds of appeal submitted that the learned judge…
Division and case type: CriminalCriminal Appeal
…Section 361(1)(b) of the Criminal Procedure Code debars this Court from hearing his appeal against sentence. The appellant's appeal is therefore incompetent and the same is struck out.…
Division and case type: GeneralORIGINATING SUMMONS
…Kagiri for the 1st, 2nd and 3rd respondents is not averse to the status quo of the suit premises being maintained pending the hearing and determination of the applicant's intended appeal, we order that the status quo in respect…
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: CriminalCriminal Appeal
…When the applicant's application for the extension of time which had been filed in this Court on 22nd October, 1996 came up for hearing before the single judge of this Court, Bosire, Ag.…
…At the hearing of this reference on 18th December, 1996, Mr.…