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…Chumo, K Samson v Kipkerena Koech Court of Appeal (NKU) Civil Appeal No 135 of 1989 Statutes 1. Civil Procedure Rules (cap 21 Sub Leg) order IXA rules 5, 10, 11 2.…

…The mistakes of their advocate should not be visited on the clients (see Samson K Chumo v Kipkera Koech Court of Appeal Civil Appeal No 135 of 1989 NKU).…

…The plaintiff has given notice of intention to appeal against the ruling of Shields, J and the defendants in opposing the appeal, should one be eventually filed, will inevitably incur costs.…

…not furnish security breached order 38 r 5 and was a nullity. ” - See Ndirangu v Abdallah CA 10/79 (UR) courts are normally slow to order the attachment of a defendant’s property before judgement because as the court of Appeal…

…Such procedure was discouraged by the Court of Appeal in “The Ripples Case” CA NAI 186/92 (NAI.77/92 UR) court Bailiffs have sufficient powers under the law to enforce court orders. Orders accordingly.…

…is that there is a presumption of service as stated in the process server’s report and the burden lies on the party questioning it, to show that the return is incorrect – see Shadrack K Arap Baiywo v Bodi Bach – Court of Appeal…

…Kisumu Civil Appeal No 122 of 1986.…

…The first one was to appeal against the refusal to adjourn the case and against the decision. Secondly, accept the decision of the Court and comply with it. A decision of the court under O XVI rule 4 is appellable.…

…There is the procedure provided for in the Civil Procedure Act and Rules for lodging appeals. There is no lacuna as was contended.…

…The Court of Appeal while dismissing the appeal felt that the award was on the high side. That was in October 1978.…

…The English Court of Appeal held that the document so signed recording Mrs Ingles evidence, was admissible in the English suit. I find the ruling in that case more pertinent to the present situation.…

…The Court of Appeal while dismissing the appeal felt that the award was on the high side. That was in October 1978.…

…As was stated by the Court of Appeal in the case of Issa & Co v Jeraji Produce Store [1967] EA 555, once a cheque has been given based upon some consideration, “then in a suit upon that cheque the court cannot go into the…

…Unless the directors of the objector, who had been parties to the application which culminated in that ruling, succeeded on appeal and had that ruling set aside I am bound to find and hold that objection against the attachment…

…This court is not sitting on an appeal. I concede that estoppel may not at all times be raised successfully as a point in limine. It depends on the circumstances of each case.…

…This aspect was adequately addressed by the Court of Appeal in the case of Flora N Wasike v Destimo Wamboko (1982-1988) KAR 625 where it was said that a consent judgment or order has the contractual effect and can only be…

…On this aspect it also instructive to consider the following passage from the judgment of Nyarangi JA in the case of Janet Ndiare (minor by her next friend Joshua) v Kenya Bus Service (Mombasa) Ltd and another Civil Appeal…

…On appeal to the then Court for Eastern Africa, it was held by Newbold, P and Duffus, AG V-P that the allegation that the premises were defective and that there was a reasonable claim for damages raised a triable issue; as…

…In Embu Public Road Services Ltd. v Riimi [1968] EA 22; the then court of Appeal for Eastern African held among other things that, the duty of a driver is not to drive perfectly but to show that standard of care which a competent…