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…This conviction was wrong.Accordingly, we allow this appeal, quash the conviction and set aside the sentence of 18 months imprisonment although when this appeal came up for hearing on 22nd September, 1992 the appellant had…

…During the course of the hearing Mr machira made an informal application under Rule 76(1) of the Rules to be made a party to the appeal but that rule does not avail him at all but we dealt with the application de bene esse…

…judge in assessing general damages failed to appreciate or to consider the fact that although the loss of one eye by itself would not be regarded as so serious an injury as the loss of one hand or one leg or the loss of hearing…

…in one ear, the loss of sight in both eyes would be a lot more serious than the loss of two legs or two hands or the total loss of hearing, and he should have awarded damages in the light of awards for such injuries.…

…I have no doubt the appellant was taken by surprise by the introduction of the unpleaded cause of action at the hearing, but although his advocate protested he did in fact, to some extent, participate in the consideration…

…Had issues been framed at the hearing, the necessity for amendment of the pleadings would immediately have become apparent, and much trouble and expense avoided.…

…This is an appeal from the judgment and order of the High Court (Porter, J) on the hearing of an originating summons filed on November 17, 1988 under section 57(8) of the Registration of Titles Act, cap 281 and under Order…

…To the appellant therefore, this was one of the serious and key issues disclosed in its defence to the respondent’s claim and which could only be determined at the hearing of the suit abovementioned.…

…During the hearing, the trial magistrate conducted a single trial within a trial in respect of four of the accused persons after which their retracted confessions, which, though made on different days had been recorded by…

…The application was mainly argued on the point of law as no defence had been filed and even if it was placed on the file at the time of the hearing it was never relied upon by the trial judge in her ruling.…

…Upon the inter partes hearing of the application the learned judge of the High Court in her ruling concluded that the suit against the respondent: “...discloses no reasonable cause of action, and is clearly frivolous and…

…At the hearing of the appellant’s application, his case was that in 1973 he purchased the suit land from the respondent.…

…Indeed, at the hearing of this appeal he contended that the trial judge did not consider the duration he (appellant) had been in occupation of the suit land nor did he consider his having purchased this land.…

…At the hearing of this appeal, learned counsel Mr.…

…This appeal, which took almost 17 days of hearing, arises out of two applications made in the superior court in its Winding Up Cause No 44 of 1999.…

…The first condition is that of reinstatement of Messrs Gregory and Sheikh as receivers pending the hearing and determination of the reference. This condition is onerous and ruinous to Rai Ply.…

…This was conceded in court by state counsel at the hearing of this appeal. Complaint was made in particular of the judge’s finding that Mathare Mental Hospital is not an institution for treating epilepsy.…

…The appellant appealed against both the convictions and sentences in this case too and the High Court in Criminal Appeal 287/85 (Schofied and Amin JJ) on February 25, 1986 after hearing the appeal decided that a total sentence…

…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.…

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

…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…

…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…