Case law
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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…The cause is withdrawn from the Subordinate court and transferred to this court for hearing denovo.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
…The suit came up for hearing before a District Magistrate III. The appellant raised a preliminary objection that the suit was time - barred. This was upheld and the suit dismissed.…
…On hearing day 19.5.94, Mr. Muthusi appeared for Dr. Mutunga and applied for an adjournment. This was refused on grounds recorded, and the appeal was dismissed.…
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 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
…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: 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: 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: CRIMINAL DIVISIONCriminal 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: GeneralUnclassified
…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.…
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: 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.…
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: FamilyCase number Adoption Cause
…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
…As we have stated, after trial, the appellant was convicted and sentenced to death thus provoking this appeal. 10.At the hearing before us, Mr.…
…In doing that, we should however, never loose sight of the fact that the trial court which had the advantage of watching and hearing the witnesses testify and therefore better placed to assesstheir demeanor, is the best judge…
Division and case type: CriminalCriminal Appeal
…It follows that when on 7th January, 2002 the learned trial magistrate sentenced the Appellant to four years imprisonment and during the hearing of this appeal on 22nd October, 2003 the learned State Counsel was telling me…
Division and case type: CriminalCriminal Appeal
…At the hearing of the appeal, however, the question that arose to be considered was whether the major offence of grievous harm can be maintained for one accused and reduced to assault for his co-accused, the victim being…
Division and case type: CriminalCriminal Case
…That these proceedings be declared null and void for the reasons advanced stated above and further grounds that may be adduced at the hearing hereof in the annexed affidavit of Mwania Kithome and marked “MK1” 2.…
…That matter proceeded on for hearing until on an unclear date, the State entered a nolle prosequi and those proceedings were terminated.…