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…As this Court is hearing the application de novo its proceedings must be written fully. That is what makes our judgment somewhat prolate.…

…The reference to a possible application for a prerogative order had an unwholesome flavour because it tends as a direction to the Court hearing the application for Order of Prohibition to grant the Order without using its…

…Since what is before the Court is an appeal against an interlocutory order of the Kadhi’s Court, the court hearing the substantive succession proceedings is the Kadhi’s Court and not this court.…

…It is the court hearing the substantive succession proceedings that should determine which properties comprise the estate of the deceased. 19.…

…But rule 54(2) of the Rules of this Court expressly says that no additional evidence shall be adduced at a full court hearing like the one before us.…

…The case was heard, but before a decision could be made, he passed away the day after the court hearing. 3.…

…Accused I am ready Court Hearing to proceed Examination in Chief PW 3 – Dr. Abdulaziz Mohamed Duly Sworn Adult Muslim States in Swahili I am doctor Abdulaziz Mohamed from Coast general hospital” 9.…

…I order and the original file be placed before the Head of Station Shazu Law courts to allocate the matter to a new court for hearing and determination on priority basis 14.…

…Where a draft defence was tendered together with an application to set aside a default judgment, the court hearing the application was obliged to consider if it raised a reasonable defence to the plaintiff 's claim.…

…There is no basis laid for the matter to be transferred from the Court hearing it. 20. The file is remitted back to the Trial Court for hearing on a priority basis. 21.…

…seeking the intervention of the High Court does not provide reasonable grounds that would persuade the judge to find that the interests of justice are unlikely to be served if the matter continues being heard before the court…

…hearing the matter.…

…proceed to hearing; and, that the Respondents and other claimants whose matters have been pending for some time and involve compensation for injuries and loss arising from wildlife attacks will suffer prejudice if stay is…

…Second, where such stay is sought in the Court hearing the case as opposed to the higher Court to which the Appeal has been filed and there is no express provision of the law allowing for such an application, the Applicant…

…In matters of taxation and a reference such as this, a court hearing the reference must warn itself that the decision of the Taxing officer can only be interfered with where there is an error in principle in the taxation…

…It is a final order of the court upon the court hearing and determining the dispute on its merits.…

…It would be better if all the issues were addressed in a single appeal, so that the court hearing the appeal can deliver a single decision regarding all the pending matters.…

…orders: 1) Spent* 2) Spent* 3) THAT an order do issue calling for the file in Milimani RTC Case No. 3 of 2022 - George Gabriel Gacheru vs Shashikant Jagjivan Bhaga to be brought to the High Court for the purpose of the High Court…

…hearing and disposing of the matter itself; or for the purpose of transferring the file to any other magistrate at Milimani Commercial Courts other than Hon.…

…terminated by either party giving notice or immediately by the Defendant for certain breaches by the Plaintiff. [11] While the process and manner of termination is contested and will be the subject of resolution by the court…

…hearing evidence from both sides, what is clear is that any loss arising from wrongful or irregular termination would be remedied by an award of damages.…

…Notably, no reason was advanced for the delay in raising the counterclaim. 21.The issue having been promptly raised before the learned Honourable magistrate by the Appellant, the honourable court hearing the matter was under…

…The lower court file is hereby ordered to be remitted to the lower court for hearing and final determination of the suit. 35.It is so ordered.…

…Morton Silverstein v Atsango Chesoni [2002] eKLR where the following six principles were laid down by the Court: a) First, there must be an appeal pending before the higher Court; b) Second, where such stay is sought in the Court…

…hearing the case as opposed to the higher Court to which the Appeal has been filed and there is no express provision of the law allowing for such an application, the Applicant should explain why the stay has not been sought…

…Accordingly, the issue of the subject matter in the Kadhi’s court cannot be a bar to this Court hearing and determining the appeal.…

…Having said so, Section 358 (1) of the Criminal Procedure Code (Laws of Kenya) empowers the High Court hearing an appeal from the subordinate court to call for additional evidence to be taken to assist it in coming to a just…

…The considerations are different, the orders the court may grant are more expanded under a constitutional petition and therefore the outcomes are different. 109.The court in hearing a constitutional petition may very well…

…arrive at the same conclusion as the court hearing a judicial review application.…