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…DEFENDANT RULING This case was on 24th February, 1989, posted to come for hearing with effect from 21st November, 1989, for four days.…

…The application was posted to come for hearing on the day the hearing of the suit was to commence. Consequently it became necessary to consider it before embarking on the hearing of the suit.…

…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…

…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…The cause is withdrawn from the Subordinate court and transferred to this court for hearing denovo.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.…

…RESPONDENT RULING This is an application for stay of execution pending the hearing and determination of an intended appeal. It is made under O XLI rule 4 of the Civil Procedure Rules.…

…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…

…The main ground upon which the application has been based is that they were not served with a hearing notice informing them of the date of trial. This suit was fixed to come for a hearing on 2nd March, 1989.…

…Consequently it became necessary to issue and serve upon them a hearing notice.…

…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.…

…It was bearing the hearing dated of 21.7.04 but actual hearing was actually 1.9.04.…

…In any event the 2nd respondent was served with this application, but therein it was not indicated that its hearing had been moved to 1-9-04.…

…The suit came for hearing on three different occasions, thereafter, but was on each occasion adjourned for one reason or another.…

…It was called and was listed to come for hearing on 9th and 10th May, 1989. On 9th May 1989 the suit was called.…

…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 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.…

…Thereafter the suit became ripe for hearing but no date for that purpose appears to have been fixed.…

…That application was listed for hearing on April 14, 1983.…

…Thereafter the hearing was adjourned and it would appear from the record that Mr Mganga was unable to continue with the trial and the case was taken over by Mr Magolo, an Acting Resident Magistrate.…

…He first appears on record on 13th January 1988 when he fixed the hearing for 5th April 1988.…

…Simultaneously, the Petitions led on application under certicate of urgency for the following interim orders:- That pending the hearing and determination of the summons inter partes the court be pleased to issue conservatory…

…That sections 30,31,32,33 and 34 of the constitution of Kenya Review Act2008 be suspended pending the hearing and determination of the Petition. 4. On 18.12.09, the Hon.…

…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.…

…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.…

…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.…

…This was preferred during the course of the hearing and substituted for the original of attempted rape.…

…He was, we think, then disqualified from hearing the case and should have transferred it to another magistrate of competent jurisdiction.…