Case law
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Division and case type: CivilCivil Appeal
…Khaminwa, complained at the start of the hearing of the appeal that the record of appeal contains illegible pages which rendered the record of appeal incompetent. He relied on Rule 13 of the Rules of this Court. Mr.…
…This appeal to be listed for hearing during the next session in Mombasa. Dated and delivered at Mombasa this 26th day of July, 1995 J. M. GACHUHI ………………….. JUDGE OF APPEAL R. S. C. OMOLO …………………. JUDGE OF APPEAL A. A.…
Division and case type: CivilCivil Appeal
…Khaminwa, complained at the start of the hearing of the appeal that the record of appeal contains illegible pages which rendered the record of appeal incompetent. He relied on Rule 13 of the Rules of this Court. Mr.…
…This appeal to be listed for hearing during the next session in Mombasa. Dated and delivered at Mombasa this 26th day of July, 1995 J. M. GACHUHI ………………….. JUDGE OF APPEAL R. S. C. OMOLO …………………. JUDGE OF APPEAL A. A.…
Division and case type: CriminalCriminal Appeal
…When the two appellants’ appeals from the decision of Bhandari J came before this court for hearing it was disclosed that there was in existence a letter from Mr S K M Mwangi dated June 16, 1984 to the prison authorities…
…The advocate further stated that a memorandum of appeal had been filed and that a hearing date was due to be fixed by the High Court registry.…
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: CivilCase number Civil Application
…he entered summary judgment in the sum of Shs 17,773,889/- against Mr Magugu and Inns Ltd in favour of Gitutho Associates, Costcare Consultants, Kam Consult Engineers and Utmost Consultants (the respondent), pending the hearing…
…Accordingly, the application is allowed and the execution of the judgment and decree of Wambilyangah, J is hereby stayed pending the hearing and final determination of the intended appeal or further order on terms that the…
Division and case type: CriminalCriminal Appeal
…For some reason, not easily ascertainable from the record, Criminal Appeal No. 38/97 came up earlier for hearing and was determined on 14th July, 1997.…
…Although Waki J in his judgment ordered the AttorneyGeneral to investigate the circumstances in which these suspects were released, no action was taken, with the result that when Criminal Appeal No. 38/97 came up for hearing…
Division and case type: CivilCivil Appeal
…application for amendment under rule 44 should be heard first by a single judge, as provided by rule 52 of the rules, without prejudice to the full bench’s right to give leave to amend on an informal application during the hearing…
…In the course of the hearing, the second defendant was permitted to amend his defence against the first defendant, by adding a counter-claim, and a fresh agreed statement of facts was put before the court, with a few facts…
Division and case type: CivilCivil Appeal
…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,…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
….….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…
Division and case type: CivilCivil Appeal
…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.…