Case law
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Division and case type: CriminalCriminal Case
…They were originally five with William Adwera Oliech who died in the prison custody before the hearing of this case started on l6th December, 1991 and the State has withdrawn the case against him.…
Division and case type: FamilySuccession Cause
…When the appeal came up for hearing, learned counsels appearing in the matter recorded a consent order to have the appeal disposed of by written submissions.…
…The cause is withdrawn from the Subordinate court and transferred to this court for hearing denovo. Since the Appellant was the one who filed the cause before the Subordinate Court, I will deny her costs.…
Division and case type: Environment and LandLand Case
…respondent to restrain him, his servants and/or agents from collecting rent and interfering with the defendant’s use of half of the premises on the parcel of land known as Tetu/Unjiru/1657 (the suit property) pending the hearing…
…applicant and the respondent and whose contents are admitted by the respondent, I am satisfied that the applicant has met the threshold as set in the Mrao case and I see no reason to deny her the orders sought pending the hearing…
Division and case type: GeneralUnclassified
…RESPONDENT R U L I N G By an application dated 14th July 2005 brought under section 357 (1) of the Criminal Procedure Code, David Wainaina Mubea (hereinafter referred to as the applicant) seeks to be admitted to bail pending the hearing…
Division and case type: CivilCivil Appeal
…As does happen in such cases, the hearing of the arbitration proceedings was delayed.…
…In the circumstances the suit is now listed for hearing on 12th of October, 1992. Costs in the cause”. He further ordered that hearing notice be served on the appellant.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Appeal
…Mr Mahan’s firm of advocates, Bail Sharma & Company, applied by letter on November 16, 1978 and on March 9, 1979 for the suit be set down for ‘formal proof’ so it was set down for hearing on May 8 and 23, 1979 but it was…
…Directions under Order 51 Civil Procedure Rules having not been given or dispensed with the hearing should not have taken place; 3. Mr Justice J S Patel had failed to exercise his discretion judicially.…
Division and case type: CriminalCriminal Appeal
…The appellant indicated that he waited to be present at the hearing of the appeal and an order was made for his production at the hearing. On the hearing date, the appellant was absent and unrepresented.…
Division and case type: CriminalCriminal Appeal
…He has lodged an appeal to this court against conviction and sentence and now applies to be released on bail pending the hearing and determination of the appeal.…
…However, since I have seen that there not so many appeals in Mombasa, I cannot see why the hearing of this particular one should take long to dispose of.…
Division and case type: CriminalCriminal Appeal
…Kiriba, Senior Resident Magistrate, in Criminal Case No. 2019 of 2001) JUDGMENT There are four appeals all consolidated for hearing. Criminal Appeal No. 417 of 2002 was filed by JACOB MATHENGE NJOGU.…
…The Complainant admitted during the hearing that he did not see Accused Four at the robbery. He said he immediately opened the door for them, they cut him on the head and he was forced to give them Ksh.6000/=.…
Division and case type: GeneralUnclassified
…At the hearing of the application it was not shown to the satisfaction of the learned single judge that judgment had so been entered.…
…But rule 54(2) of the Rules of this Court expressly says that no additional evidence shall be adduced at a full court hearing like the one before us.…
Division and case type: CriminalCriminal Appeal
…On his second appeal to this Court, the appellant exhibited a curious reticence in lodging his memorandum of appeal, and over a year’s delay in the hearing was caused by an alleged hiatus between himself and his advocates…
…When the matter eventually came on for hearing he added to his grounds of appeal to the High Court that the learned Judge had failed to address his mind to the first petition of appeal, and the arguments advanced in support…
Division and case type: CriminalCriminal Appeal
…On his second appeal to this Court, the appellant exhibited a curious reticence in lodging his memorandum of appeal, and over a year’s delay in the hearing was caused by an alleged hiatus between himself and his advocates…
…When the matter eventually came on for hearing he added to his grounds of appeal to the High Court that the learned Judge had failed to address his mind to the first petition of appeal, and the arguments advanced in support…
Division and case type: CivilCivil Appeal
…Both applications were listed for hearing on the same day the April 10, 1985.…
…When the hearing went on before the arbitration, they were not present and yet the District Officer proceeded to hear the matter in their absence, giving away a piece of land to the claimant.…
Division and case type: CivilCivil Appeal
…The appellant filed a petition of appeal and during the hearing put in what he called submissions but which are in effect a repeat of the contents of the petition of appeal.…
…Upon our consideration of the proceedings in the two lower courts and hearing the submissions of the appellant we cannot find any such error. In the result this appeal is ordered to be dismissed with costs.…
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: CriminalCriminal Appeal
…This is an after thought and although his appeal should correctly, have been admitted to hearing in view of that ground, no court would have accepted his belated explanation in the light of his unequivocal plea of guilty…
…No purpose would, therefore, be served by sending back this appeal to the High Court for admission for hearing.…
Division and case type: CriminalCriminal Appeal
…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: CriminalCriminal Appeal
…Simon Nyamai attended the hearing of the appeal and the other appellants did not do so (at their own request).…
…Simon Nyamai added nothing in his submissions during the hearing of the appeal. We must be unmoved by these references to age or health or family obligations by such people.…
Division and case type: CivilCivil Appeal
…Hearing date of the pending appeal to be issued by the Registrar on priority basis. The costs of this application shall abide the appeal. Citations East Africa 1.…
…The petition was led together with an application seeking ex parte conservatory Orders pending the hearing of the petition. 6.…