Case law
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Division and case type: CivilCivil Appeal
…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…
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…The cause is withdrawn from the Subordinate court and transferred to this court for hearing denovo.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 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: FamilySuccession Cause
…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.…
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
…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.…
Division and case type: CriminalCase number Criminal Application
…The applicant applied to be released on bond pending the hearing and determination of the case.…
…application, the applicant was previously charged with the same offence before the Chief Magistrate’s Court Nakuru before the proceedings were terminated and then transferred to the Naivasha Chief Magistrate’s Court for fresh hearing…
Division and case type: CriminalCriminal Case
…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: 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: 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 Case
…On the application of the applicant’s counsel this matter is hereby transferred to Nakuru High Court for hearing and disposal. 2.…
…That there be a stay of the subordinate Court’s order pending the hearing and final determination of the originating motion to be heard today at 3:00 p.m. before the Nakuru High Court.…
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
…material in the circumstances of the case which could raise a reasonable doubt whether the conviction was right or lead him to the opinion that the sentence ought to be reduced, the appeal may, without being set down for hearing…
…We direct that the appellant's appeal to the High Court be returned for a judge to admit it to hearing. Dated and delivered at Nakuru this 20th day of February, 1995. A.M. AKIWUMI ………………… JUDGE OF APPEAL P.K.…
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
…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: CivilCivil Case
…When this application came up for hearing on 11th March, 2002 a consent order was recorded to the effect that the boundary be fixed as prayed.…
…He said that the suit should go on to full hearing so that the surveyors can be cross-examined as there was a Defence and a counter-claim.…