Case law
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Division and case type: CivilCivil Appeal
…NO. 74 OF 1979) **************** JUDGMENT OF THE COURT This is an appeal against the decision of the superior court (Shields, J.) whereby he dismissed an application made on behalf of the appellant to set aside a judgment…
…We may add that we seised of the attack on the judgment entered by Aganyanya , J. against which there is no notice of appeal or any appeal. For these reason the appeal is dismissed with costs.…
Division and case type: CivilCivil Appeal
…RESPONDENT (Appeal from the High Court at Nairobi, Gachuhi J) JUDGMENT November 7, 1988, Kwach Ag JA delivered the following Judgment.…
…The facts of the case from which this appeal arises are clearly set out in the judgment of Kwach Ag JA which I have read in draft.…
Division and case type: CivilCivil Appeal
….RESPONDENTS (Appeal from the ruling of the High Court of Kenya at Nairobi of the Chief Justice the Honourable Mr Justice Simpson delivered on 9th August, 1985) in HCCC No 3350 of 1984) ********************************* JUDGMENT…
…In execution of the said judgment the 1st respondent and his family were evicted from the suit premises in early 1980 and in the course their homes were pulled down.…
Division and case type: CivilCivil Appeal
…an application to set aside the ex-parte judgment in Civil Case No 76 of 1992.…
…– “Where judgment has been entered under this Order the Court may set aside or vary such judgment and any consequential decree or order upon such terms as are just” Courts have been very liberal on applications of this nature…
Division and case type: CivilCivil Appeal
…. ….RESPONDENT (Appeal from a judgment and decree of the High Court of Kenya at Mombasa (Wambiliyangah, J.) dated 21st November 1995 IN H.C.C.C. NO. 331 OF 1989) ************************ JUDGMENT OF TUNOI, J.A.…
Division and case type: CivilCivil Appeal
…. ….RESPONDENT (Appeal from a judgment and decree of the High Court of Kenya at Mombasa (Wambiliyangah, J.) dated 21st November 1995 IN H.C.C.C. NO. 331 OF 1989) ************************ JUDGMENT OF TUNOI, J.A.…
Division and case type: CivilCivil Appeal
…September 19, 1988, Gachuhi JA delivered the following Judgment.…
…Summary judgment was applied for and the judgment was entered on October 23, 1978 for Kshs 48,776.25. There is no difference of Kshs 20,000 which the appellant, claims to have paid in excess in the judgment.…
Division and case type: CivilCivil Appeal
…In that case, it was held that a consent judgment may only be set aside for fraud, collusion or for any reason which would enable the Court to set aside an agreement.…
…No witness was called on behalf of the appellant and Kuloba J then reserved judgment to a date to be notified.…
Division and case type: CivilCivil Appeal
…by the appeal, again as required by rule 76(1), the court also not having directed under the proviso to that sub-rule (1) that service need not be effected on the judgment-debtor as he took no part in the proceedings in…
…As regards the failure to serve notice of appeal on the judgment-debtor Mr Satish Gautama for the appellant submitted that the judgment debtor did not show any interest in the proceedings in the superior court, and judgment…
Division and case type: CivilCivil Appeal
…. ………..RESPONDENT (Appeal from the judgment of the High Court of Kenya at Mombasa (Mr. Justice T. Mbaluto) dated 15th October, 1993, IN ADM.…
…CAUSE NO. 11 OF 1992) *************************** JUDGMENT OF THE COURT This appeal emanates from the judgment of the High Court of Kenya Admiralty Jurisdiction (Mbaluto, J.) dated 15th October, 1993 sitting at Mombasa.…
Division and case type: CivilCivil Appeal
…But, mark you, the request for judgment for Shs 1,200/- was filed on march 3rd, 1988 and an ex parte judgment entered on March 7th, 1988.…
…a perfectly valid judgment.…
Division and case type: CivilCivil Appeal
…SALIM AL AMODY....................................................RESPONDENTS (Appeal from judgment of the High Court of Kenya at Mombasa (Mr Justice J F Shields) dated 12/9/1990 in HCCC No 323 of 1987) ******************…
…**************** JUDGMENT This is an appeal from the judgment and orders of the superior court (Shields J) dated the 12th September, 1990 in HCCC Case No 323 of 1987.…
Division and case type: CivilCivil Appeal
…MASAI .......................................RESPONDENT (Appeal from a Judgment and Decree of the High Court of Kenya at Nairobi (Lady Justice Effie Awuor) dated 13th June, 1988 in H.C.C.C.…
…NO. 402 OF 1985) ************ RULING OF THE COURT The judgment appealed against decided that the superior court had no jurisdiction to entertain the appeal filed before it.…
Division and case type: CivilCivil Appeal
…After the submissions were filed, the judges wrote and delivered the following judgment on 7th August, 2001:- “We have duly perused the memorandum of appeal, the record of appeal and these we have fully considered in the…
…I was not told that full reasons as promised in the judgment have been given and/or when. If this be so, then the appeals have not been concluded as claimed by counsel for the applicants.…
Division and case type: CivilCivil Appeal
…KENYA TRANSIT AND TRADING COMPANY LIMITED ....3RD RESPONDENT (An application for extension of time to serve Notice of Appeal from the judgment of the High Court of Kenya at Mombasa (Hon. Mr. Justice M.…
…Judgment, the subject matter of the intended appeal, was delivered on 30th January, 1996. On 1st February, 1996 a Notice of Appeal was duly lodged by the applicant.…
Division and case type: CivilCivil Appeal
…(Appeal from a judgment and decree of the High Court at Nairobi, Butler-Sloss J dated 12th September 1985, in Civil Case No 587 of 1985) ***************************************** January 18, 1989 the following Judgment of…
…judgment.…
Division and case type: Commercial and TaxCivil Appeal
…See p.18 of the typed judgment of the appeal.…
…The Court of Appeal further held at p.19 of the judgment: “A public examination of him as to his conduct dealings and property would not, in our view be meaningful without the debtor’s statement of affairs”.…
Division and case type: CivilCivil Appeal
…That application was acceded to and interlocutory judgment was entered on March 13, 1986. On the same day the damages were assessed, and on April 8, 1986, judgment was given for Kshs 210,000.…
…If there are merits in the defence, it would be unjust not to allow them to be heard, even if judgment had been obtained regularly. On the other hand if there are no merits, judgment should stand.…
Division and case type: CivilCivil Appeal
…RESPONDENT (Being an appeal from the Judgment and Decree of Hon .N.S. Lutta, SPM dated 18th July 2018 at the Chief Magistrates Court at Kisii in Civil Case No. 503 of 2009) JUDGMENT 1.…
…Second, that the award of interest in the judgment ought to have been expressed from the date of filing suit rather than from the date of judgment. Counsel for the appellant.…
Division and case type: CivilCivil Appeal
…The respondent produced a certified copy of the judgment. The decretal sum was not paid to him and therefore he filed the declaratory suit.…
…She therefore found the appellant liable to satisfy the respondent’s claim and gave judgment in favour of the respondent. 6.…