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…The Deputy Registrar fixed the matter for hearing on 7/12/2022 before the Judge. A hearing Notice was to issue. On the hearing date the applicants were not present and were not represented.…

…It is only upon the transfer of the matter to Makueni that the applicant failed to appear before the court on the first hearing.…

…That the the temporary stay of those directions pending the hearing and determination of the application inter partes was necessary as the directions were given without hearing those affected and had taken away the only source…

…of income for the petitioners who had employees who also depended on those incomes – that – that they were seeking stay pending the hearing and determination of the Notice of Motion inter partes – and no prejudice would…

…THAT pending the hearing of this application inter-parties this honourable court be pleased to give the Applicant full legal and actual custody of the children. b.…

…THAT pending the full hearing and determination of this Application and this suit herein this honourable court be pleased to give the Applicant father full legal and actual custody of the children. c.…

…By Notice of Motion dated 27/3/2025 the applicants sought orders of stay of execution pending the hearing of the application inter-partes – seeking leave to file the appeal out of time. 3.…

…was fixed for hearing.…

…By Notice of Motion dated 27/3/2025 the applicants sought orders of stay of execution pending the hearing of the application inter-partes – seeking leave to file the appeal out of time. 3.…

…was fixed for hearing.…

…It is the appellant’s position that an application under Order 42 rule 35 could only have been brought if directions had already been given for the hearing of the appeal.…

…Further that the memorandum of appeal was filed on the 19th of August 2022 and since then the appellants had not taken any step to set down their appeal for hearing.…

…That the matter was set for hearing on 23/10/2023 last - when it was taken out by the plaintiff and no further hearing date was fixed. (9) The applicant relies on Ivita v Kyumbu [1975] KEHC 4 (KLR) & Nzoia Sugar Company Limited…

…If the Plaintiff's dismissed application is reinstated for hearing and thereafter the same is found to be unmerited, there would be no prejudice caused on the part of the Defendant.…

…That the matter was set for hearing on 23/10/2023 last - when it was taken out by the plaintiff and no further hearing date was fixed. (9) The applicant relies on Ivita v Kyumbu [1975] KEHC 4 (KLR) & Nzoia Sugar Company Limited…

…If the Plaintiff's dismissed application is reinstated for hearing and thereafter the same is found to be unmerited, there would be no prejudice caused on the part of the Defendant.…

…That pending the hearing of this application inter-partes, the 3rd – 5th respondents and the 1st interested party/respondent be restrained either by themselves, agents and/or any other person acting under their instructions…

…That pending the hearing of this application the 2nd interested party /respondent be reinstated and continue discharging the duties of the company secretary by an order of the court and continue discharging the duties of…

…K Mutegi – PM sitting at Tawa in CMCC 83 of 2021 pending the hearing and determination of this application.…

…That this Honourable court be pleased to stay the execution of the judgment/decree delivered on 2nd November, 2022 by Honourable M.K Mutegi – PM sitting at Tawa in CMCC 83 of 2021 pending the hearing and determination of…

…On whether the Appellants were denied a fair hearing, they submitted that the right to a fair hearing is sacrosanct and cannot be limited unless by operation of law in the clearest of circumstances, relying on Judicial Service…

…The fact that the court disagreed with them is not denial of a fair hearing.…

…E179 of 2024, Kelvin Muulu Nzuki versus Julius Stephen Kiarie and Osman Hassan pending the hearing and determination of the suit. 4) That the costs of this application be provided for. 3.…

…When the matter came for hearing the court was told by counsel for the applicant that the applicant had been served and there was no response. 5.…

…KDD 891Z be released pending the hearing and determination of the application. 5.…

…There is also no evidence that the applicant was served with notice of the formal proof hearing before the matter was heard. In the circumstances I find that the application for leave is well explained. 12.…

…Makoyo Principal Magistrate, on 2nd of November, 2023 pending the hearing and determination of this application.…

…Makoyo Principal Magistrate, on 2nd November , 2023 pending the hearing and determination of this appeal. That the application be heard inter partes on such date and time as this Honorable court may direct.…

…Makoyo Principal Magistrate, on 2nd of November, 2023 pending the hearing and determination of this application.…

…Makoyo Principal Magistrate, on 2nd November , 2023 pending the hearing and determination of this appeal. That the application be heard inter partes on such date and time as this Honorable court may direct.…

…Thereafter the applicant filed the Notice of Motion dated 24/5/2024 seeking stay of execution of the judgment pending the hearing and determination of the appeal – this court granted stay pending the hearing and determination…

…On his part the respondent deponed that though he was unemployed and the time of the hearing in the subordinate court, he was now a businessman at Wote with the capacity to refund the money should the appeal succeed. 16.…

…E009 of 2023 pending the hearing and determination of this application. That this Honourable court be pleased to grant the applicant/appellant stay of execution of the decree in Makueni CMCC No.…

…and determination of the instant application and stay of execution pending the hearing and determination of the preferred appeal.…

…While hearing PW9 – No. 246865 PC Winfred Mwende Kyalo it emerged that there was documentary evidence that had been supplied to the defence. 5. Counsel for accused – Mr.…

…The right to fair hearing and is provided for under Article 50 of the Constitution.…

…In the same consent parties took directions on the manner in which they would proceed with the hearing of the application.…

…The consent between Faustina and the Prosecuting Counsel was for stay of those proceedings pending the hearing and determination of her application for stay, which is the application proceeding before me.…

…The other witness was Simon Mativo Ndambuki, who said he was chairman of Mbaa Vuthi Clan, and had been for 10 years by the time of the hearing.…

…This is after the matter was fixed for hearing on 6/11/2023, and the respondent failed to show up on that date and on several subsequent hearing dates .- 23) The chief Kalawani Location was summoned to appear in court and…