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…He therefore stated that the applicant should prove its claim at the hearing of the petition and denied that the deceased’s estate was being wasted.…

…Whatever amount it is, that claim can only be established upon hearing viva voce evidence when the petition and the other pending applications will be listed for hearing.…

…The applicant applied to be released on bond pending the hearing and determination of the case.…

…application, the applicant was previously charged with the same offence before the Chief Magistrate’s Court Nakuru before the proceedings were terminated and then transferred to the Naivasha Chief Magistrate’s Court for fresh hearing…

…grounds under which the application was made are that the accused and all the witnesses are residents of Eldoret and it would be unduly expensive for them to keep on traveling to Naivasha whenever the case comes up for hearing…

…It would not be in the interest of justice to have the accused and witnesses travel long distances for the hearing of the case. That would be expensive and may also cause delay in the finalisation of the matter.…

…On the application of the applicant’s counsel this matter is hereby transferred to Nakuru High Court for hearing and disposal. 2.…

…That there be a stay of the subordinate Court’s order pending the hearing and final determination of the originating motion to be heard today at 3:00 p.m. before the Nakuru High Court.…

…When this application came up for hearing on 11th March, 2002 a consent order was recorded to the effect that the boundary be fixed as prayed.…

…He said that the suit should go on to full hearing so that the surveyors can be cross-examined as there was a Defence and a counter-claim.…

…However, when the case came up for hearing on April 8, 2003, Mr. Makori who was holding brief for Mr. Manek for the Defendant sought adjournment to enable Mr. Manek to apply to withdraw from acting for the Defendant.…

…The hearing then proceeded without the participation of the Defendant.…

…a defendant or a defendant’s agent has been convicted by a Court of law such defendant would not be right to say that he has been ambushed or taken by surprise when such conviction is introduced and provoked during the hearing…

…Plaintiff still complains of pains on shoulders, chest and loss of hearing in right ear. Doing the best I can I would assess general damages at Shs 125,000/-.…

…At the hearing of the appeals, both of them were, with consent of the appellants, consolidated and heard together as one.…

…The proceedings show that Inspector Chebii continued to prosecute the case upto the date when the hearing was concluded.…

…Pursuant to Section 200(1) of the Criminal Procedure Code, I took over the hearing following the transfer of the trial judge to Nairobi.…

…During the hearing of this appeal, Counsel for the appellant argued ground number 2 and number 4 and raised the following issues.…