Case law
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Division and case type: CivilCivil Appeal
that the learned trial Judge improperly exercised his discretion in declining to set aside his order dismissing the appellants case and the ex parte judgement. In the result we allow the appeal, set aside both the ex parte order of dismissal and he ex parte judgement on the counterclaim and order that the claim and the counterclaim do proceed to hearing in the superior court.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA Civil Appeal 154 & 155 of 1996 JACKLINE MUENI NZIOKA…..…………………….................................... ……………...APPELLANT AND JETHAT RAMJI KERAI……………………................................……………………… RESPONDENT (Appeal from judgment and decree of the High Court of Kenya at Mombasa (Lady Justice Ang’awa) dated 23rd May, 1996 IN H.C.C.C.