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…I am not hearing the Review application. I will, therefore, resist thetemptation to go into the merits. I must stress however, that litigations musthave their final end.…

…However, where such a Judge is nolonger attached to the Court the review may be heard by any other Judgeattached to the court at the time it is called up for hearing.…

…Mr PL Otieno who appeared for the defendants in the application before me also submitted that no hearing notice was given to the 2nd defendants for the hearing on 9th December, 1987.…

…He refused to sign the hearing notice and attached to the return of service is a hearing notice which clearly informed the 2nd defendant that the case had been set for hearing on the 9th December, 1987 at 8.30 am.…

…I am not hearing the Review application. I will, therefore, resist thetemptation to go into the merits. I must stress however, that litigations musthave their final end.…

…However, where such a Judge is nolonger attached to the Court the review may be heard by any other Judgeattached to the court at the time it is called up for hearing.…

…This appeal came for hearing on 23rd July 1993 and counsel for the appellant argued that the learned Resident Magistrate had erred in refusing to set aside the ex-parte judgment although the delay in filing a defence was…

…Even then the claims made by the respondent were subject to enquire which would only be properly adjudicated upon when hearing both parties.…

…I refuse this application and order it dismissed and if Mr Aluoch for the applicant is so inclined, he and the prosecution can have the case mentioned before the trial magistrate with a view to getting earlier hearing dates…

…The balance of the claim of Kshs 23,590,400.00 be determined upon the hearing of the notice of motion dated 4/5/98. 4. Costs of today’s application be in the cause. 5. Hearing on 24/7/98 of the application dated 4/5/98.…

…That there be a stay of execution of the court’s judgment pending the hearing of this application. 3.…

….…………….RESPONDENT JUDGMENT Two appeals have been consolidated for the purpose of hearing. These are Criminal Appeal No 33 of 1990 filed by Sammy Macharia and Criminal Appeal No 34 of 1990 filed by Kamau Muchiri.…

…At the hearing of the appeals, the learned counsel, Mr Olago-Aluoch has submitted that although the appellants purported to plead guilty, the charge was defective in that it did not disclose the enabling provisions of the…

…For the purpose of hearing these three appeals, they were consolidated.…

…During the hearing of the case before the learned principal magistrate a receipt number 122791 was tendered in the evidence showing that on 12th August 1988 a sum of shs 200/= was collected on the original while a different…

…The injuries healed with obvious scars on the left eye-brow, below lower lip, headaches which would occur for prolonged period, scars were a cosmetic disability, reduction in hearing in the left ear which would require hearing…

…Eventually the case came up for hearing when the plaintiff testified and called two witnesses . The defendants on their part did not offer any evidence but their advocates filed written submissions.…

…The application was listed for hearing when a settlement did not materialise.…

…But when the hearing of this case started on 7th March 1991, the point was not taken up by the learned state counsel on preliminary argument or throughout the trial.…

…In the case of Nsubuga –vsAttorney General [1974] EA where the plaintiff was detained for 21 days unlawfully and was beaten and injured by the police and as a result he lost part of the hearing of one ear and had been kept…

…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.…

…The appellant left the matrimonial home sometime in September 1986 and upto the time of hearing of the petition in the lower court and even on appeal, he had not gone back.…