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…The application for summary judgment should not be allowed as there are triable issues in the matter to be heard at the Business Premises Rent (sic) Tribunal. 2.…

…I said early that the proceedings in the Tribunal were filed exactly one year after the suit had been filed and only after the application for summary judgment.…

…REPUBLIC OF KENYA Dola v Attorney General High Court, at Mombasa August 27, 1992 Omolo J Civil Case No. 327 of 1989 August 27, 1992, Omolo J delivered the following Judgment.…

…By the time I started on this judgment (6th August, 1992) I had not seen any submissions from counsel for the Defendant. I take it that she has none to make.…

…entry of judgment against their clients within 7 days.…

…They also indicated their intention of filing in court an application for summary judgment.…

…REPUBLIC OF KENYA Jefa v Kenya Ports Authority High Court, at Mombasa June 9, 1992 Omolo J Civil Case No. 721 of 1988 June 9, 1992,Omolo J delivered the following Judgment.…

…From the diametrical rival positions of the litigants the hearing of the case by the Court and the Court’s judgment was the only possible solution.…

…On the same day a judgment was entered by the Court on the terms of that letter.…

…Statutes Government Proceedings Act, (cap 40) section 12 October 28, 1985, Bhandari J delivered the following Judgment.…

…There shall therefore be judgment for the plaintiffs and against the defendants jointly and severely in the sum of Kshs 17,105 plus costs and interest. October 28, 1985 Bhandari J…

…Advocates Anjarwalla for plaintiff Juma for defendants February 8, 1985, Mandari J delivered the following Judgment.…

…This judgment was given on February 3, 1981, that is four years ago. On the other hand, the back injury in that case was much more severe than in our case.…

…In the same case Platt JA held and the other members of the court agreed with his Lordship that if there is no service, then ex debito justitiae, the judgment in default must be set aside.…

…He further depones that on sale of the vehicle, the judgment debt due will be credited with the amounts realized.…

…Advocates Anjarwalla for plaintiff Juma for defendants February 8, 1985, Mandari J delivered the following Judgment.…

…This judgment was given on February 3, 1981, that is four years ago. On the other hand, the back injury in that case was much more severe than in our case.…

…Firstly that the judgment which this court pronounced on 10th March, 1989, after an ex parte trial, be vacated.…

…Mr Kishor Nanji, counsel on record for the respondent company conceded that the hearing notice was returned undelivered, but long after the judgment sought to be vacated had been delivered.…

…The judgment debtor is Paul Njenga Mwaura who died after the decree had been passed against him.…

…Firstly, he relies on the judgment debtor’s own handwritten letter dated 27th November (Exh FGMI) in which, inter alia, he had said: “I request you to instruct the auctioneer to release my vehicle as I have agreed and I am…

….….PLAINTIFF VERSUS CHARLES KENNEDY WANYA FRANCIS ONSERIC ……………………………………..RESPONDENTS JUDGMENT This is the plaintiff’s claim against the defendant for damages for the personal injuries which she suffered when she and the…

…In this regard it is pertinent that I refer to s 107 (1) and (2) which provide as follows: 107 (1) Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he…

…On the 1st December 1992 the plaintiff filed a notice of motion in which he sought summary judgment to be entered for him against the defendant.…

…I accordingly gave summary judgment to the plaintiff as prayed in the plaint. There was no attempt by the defendant at all to set aside that judgment.…

….……...2ND DEFENDANT JUDGMENT The plaintiff in this claim seeks a declaration (a) that the registration of the 1st defendant as the owner of the whole of plot No.…

…In my judgment therefore the plaintiff is entitled to the orders he seeks and accordingly there will be judgment for the plaintiff against the defendants as prayed in the plaint.…

…When brought to the court it originally sought that judgment should be entered for the Plaintiffs against the Defendants jointly and severally, but, during its argument, Mr.…

…I accordingly strike out the defence filed by the 1st Defendant, and now enter summary judgment fro the Plaintiffs against the 1st Defendant as prayed in the plaint.…

…recover from the plaintiff by way of a counterclaim, a sum of money which does not readily reduce the liability of the defendant to the plaintiff, does not entitle the defendant prevent the plaintiff from obtaining a summary judgment…

…On the basis of the foregoing reasons I am satisfied that this is an apt case for the entry of summary judgment. I accordingly enter judgment for the plaintiff as prayed in a 6, c, and d of the plaint.…

…REPUBLIC OF KENYA Losiamuro v Lochab Brothers & another High Court, at Mombasa December 30, 1991 Wambilyangah J Civil Case No 48 of 1988 JUDGEMENT December 30, 1991, Wambilyangah J delivered the following Judgment.…

…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…

…It is supported by an affidavit sworn on 1.9.93 by learned counsel for the applicant Mr Gikandi Ngibuini in which he deposes that he had studied the proceedings and judgment and was of the view that the appeal has overwhelming…

…Elsewhere in the judgment (page 15) the judges had this to say: “A prosecution that is oppressive and vexatious is an abuse of court process.…

…He will receive his proper share of his judgment after he has paid for professional services he has incurred in obtaining the judgment.…