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…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,…

…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…

…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…

…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…

…At the hearing of this appeal on 15th June, 1994, Mr Wesa for the appellant submitted that before the appellant assaulted the deceased the latter had already been beaten by the members of the public assembled at Matayo’s…

…came into force, strong criticism of the evidence of the appellant’s brother, Moses Mbelle, with particular reference to the occasion earlier on the fatal day when according to his committal statement, their mother, on hearing…

…Either interlocutory judgment has been entered and damages remain to be assessed, or there is an ex parte hearing of all the issues on liability and damages.…

…This appeal came up for hearing before us on 15 th October, 2013. The appellant appeared in person while the state was represented by Mr. Shabola.…

…Submissions [13] At the hearing of the appeal, learned Counsel for the appellant, Mr. O.…

…At the hearing it was contended that order 5 rule 12 of the rules had not been complied with.…

…My view over the submissions is that the partiesstretched their arguments beyond the scope of the application.All that the application asks for is a stay under 0. 41 r. 4of Civil Procedure Rules to pend the hearing of the…

…After hearing the matter argued, the judge refused to grant an adjournment and ordered that the suit proceeds. I do not think that there was any vagueness whatever about, the consequence of the decision of the judge.…

…At the hearing of the application he admitted that the summons was given to his son who stays with him but said that son did not give the summons to him.…

….….DEFENDANT (Appeal from the High Court at Mombasa, Bhandari J) JUDGMENT This is an appeal from a judgment of Bhandari J following a hearing which took place at Mombasa to determine the claim of the appellant as plaintiff…

…He advised the advocates for the parties to get on with the pleadings and then appear before him for early hearing dates for the trial.…

…He advised the advocates for the parties to get on with the pleadings and then appear before him for early hearing dates for the trial.…

…that “this court has the jurisdiction to entertain this claim in rem” on the basis of assumptions or inferences in favour of the plainti when such assumptions or inferences were not only not canvassed before him on the hearing…

…The order for the arrest of the ship was made by Githinji, J on 5th December, 1988, after a brief hearing in Chambers. 81.…