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…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…

…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…

…Further that the appeal has high chances of success and that for the seven (7) years that the case was pending hearing and determination the appellants were out on bond and at no time did they abscond. I have heard Mr.…

…I have also noted the concerns raised in the pre-bond report and I am of the considered view since the appeal has been filed and a date for hearing has been fixed the case should proceed to hearing of the substantive appeal…

…In this case, the hearing notice for today has been served.…

…We are informed by the clerk of the court, that when a notice of hearing is issued, it is not the registry’s practice to specify, in addition, that the application to strike out will be heard because, the appellant being…

…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.…

…This ground alone merited the appellant’s appeal to be admitted to hearing in the superior court. Summary rejection of that appeal was therefore wrong.…

…Accordingly, we allow the appellant’s appeal to this court, set aside the superior court’s order summarily rejecting the appellant’s appeal to that court and order that the said appeal be admitted to hearing by the superior…

…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.…

…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.…

…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/=.…

…Thereafter, the Tribunal file got lost and the appeal could not be processed for hearing.…

…By a ruling dated 11th June, 2004, the superior court ordered that the dispute be taken back to the Tribunal for hearing de novo and that the appeal be marked as withdrawn with each party bearing its own costs.…

…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.…

…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.…

…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.…

…There is inherent power to restore a case for hearing after it has been dismissed under order 16 rule 6. 2.…

…It follows from this quotation that there is an inherent power to restore a case for hearing after it has been dismissed under order 16, r 6.…

…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.…

…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…

…In the first of them, Lovelock v Margo [1963] 2 ALL ER, 13 the court rejected further reasons advanced at the hearing for refusing consent to the assignment, and held that the reason given at the time of the refusal amounted…

…last two authorities assist the respondents case here, for it is in dispute on the affidavits that there ever was a refusal of consent, or even an opportunity to refuse it, and the only reason given was advanced at the hearing…

…In addition to the above aspect, there is the issue whether or not the applicant is entitled to stay of execution pending the hearing and determination of an appeal.…

…At the hearing of the application, it must be demonstrated that the applicant will suffer substantial loss if the order on stay is denied.…

…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…