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…The appellant through his advocate in opposing the application has deposed that the delay in setting the appeal down for hearing has been occasioned by the failure of the court to avail the proceedings of the trial court…

…In the first situation, if within 3 months after the giving of directions the appeal has not been set down for hearing by the appellant, the respondent may elect either to set it down for hearing himself or apply for its…

…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.…

…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/-.…

…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…

…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.…

….…………….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…

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

…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…

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

…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.…

…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.…