Case law
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Division and case type: CivilCivil Suit
…He said he was the beneficiary or an assignee of a judgment delivered on March 15 1982 by Muli, J in Nairobi High Court Civil Suit 1038 of 1974.…
…The respondent’s advocate filed his notice of appeal on March 18 1982 which is three days after Muli, J delivered his judgment so there was no dilly-dallying there.…
Division and case type: CivilCivil Suit
….……… RESPONDENT (Appeal from a Judgment and order of the High Court of Kenya at Nyeri (O’Kubasu, J) dated September 23rd, 1982 In Civil Suit 294 of 1979) JUDGMENT OF THE COURT KNELLER, J A Shelmith Gathigia Henry (Gathigia…
…When the parties appeared before the learned judge, Mr Waweru was for Ruchathi and he asked for judgment to be entered in terms of the award and for costs of the action and that is what was done.…
Division and case type: GeneralUnclassified
….…….RESPONDENT Judgment. The appellant pleaded guilty and convicted on his plea and sentenced to 3 years imprisonment. His appeal to the High Court was summarily rejected.…
Division and case type: CivilCivil Suit
…The applicant's main ground for seeking review of the judgment and thereafter vacating judgment in issue were laid out in his affidavit in support of the application and they are mainly as follows: He had been let down by…
…I would not review or vacate the judgment on this ground either.…
Division and case type: GeneralUnclassified
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI civ app 249 of 97 ZEBRON NGUKU MOTE...................................APPELLANT V EPHANTUS MOTE WAKARIA.................................RESPONDENT JUDGMENT OF THE COURT…
Division and case type: CivilCivil Suit
…The plaintiff has filed this application for a summary judgment against the defendant in respect of the plaintiff’s claim in the plaint for Kshs 1,795,595.85 together with interest thereon at 19% and costs.…
…Apart from the defence, the defendant has shown some additional grounds of opposition to the plaintiff’s application for summary judgment.…
Division and case type: CivilCivil Suit
…Nyarangi J as he then was on July 18, 1980 gave judgment in favour of the Esso Standard Kenya (no plaintiff) the defendant filed notice of appeal on July 22 1980.…
…Certified copies of proceedings and judgment were applied for by a letter dated July 22, 1980. Followed by several reminders.…
Division and case type: CivilCivil Suit
…No. 196 of 2003) ***************** JUDGMENT OF THE COURT Abdulhakim Mohamed Hassan Hussein, the appellant herein was arraigned in the superior court with the offence of murder contrary to section 203 as read with section…
…The superior court (Ombija, J.) said at the conclusion of its judgment:- “In my judgment, the evidence adduced by the prosecution is to the effect that there were two incidences one involved confrontation of the accused by…
Division and case type: CivilCivil Suit
…Republic of Kenya High Court, at Nairobi Civil Suit No 1745 of 1984 Okallo v Attorney General November 28, 1985, Owuor J delivered the following Judgment.…
…On May 14, 1985 an interlocutory judgment was entered against both the defendants with a sum of Kshs 450 together with interest for special damages.…
Division and case type: GeneralUnclassified
…98 MACHARIA KARUGU I ......................................APPLICANT AND CHEGE MACHARIA .........................................RESPONDENT (Application for extension of time to file Notice and Record of Appeal from the Judgment…
…The judgment which is intended to be appealed against was given on 13th October, 1997 and no notice of appeal was filed within the time prescribed. Even on the basis of Mr.…
Division and case type: CivilCivil Suit
…REPUBLIC OF KENYA Highway Carriers Ltd v Mahrus High Court, at Mombasa May 12, 1985 Aragon J Civil Suit No 494 of 1976 May 12, 1985, Aragon J delivered the following Judgment.…
Division and case type: CivilCivil Suit
…The objector is the wife of the judgment debtor herein. The respondent obtained judgment against the judgment debtor on 23/10/90.…
…On the above attachment taking place, the judgment debtor on 10th March, 1992 moved the Court for stay and setting aside of the judgment as it was obtained ex parte.…
Division and case type: GeneralUnclassified
…RESPONDENT (Appeal from a Judgment and decree of the High Court of Kenya at Meru (Justice S.O. Oguk) dated 12th July, 1990 in H.C.C.…
…At the hearing of the application it was not shown to the satisfaction of the learned single judge that judgment had so been entered.…
Division and case type: GeneralUnclassified
…The Respondent/Applicant seeks a Review of the judgment of this Court.…
…I noted in my Judgment that there was no set of nal submissions on record on behalf of the Respondent.…
Division and case type: GeneralUnclassified
…DEFENDANT JUDGMENT This suit came up by way of formal proof.…
…The plaintiffs are asking for Judgment against the defendant for:- (a) shs. 27,200 (b) General Damages (c) Costs of this suit (d) Such further or alternative relief as this Honourable Court may deem fit to grant.…
Division and case type: CivilCivil Suit
….…………… DEFENDANT JUDGMENT This is an application for summary judgment expressed to be brought under order 35 Civil Procedure Rules. The plaintiff is a firm of architects.…
…In our case the defendant not only has filed a written statement of defence, but also filed a replying affidavit in opposition of the application for summary judgment.…
Division and case type: CivilCivil Suit
…First, that there be a stay of execution of the decree of this court and second, that the ex-parte judgment entered herein be set aside.…
…It is that judgment that the defendants are now seeking to have set aside. As at the time the plaintiff’s application dated 23rd September 1999 was made and heard, M/s Lilan, Koech and Co.…
Division and case type: CivilCivil Suit
…August 9, 1985, Gachuhi J delivered the following Judgment.…
…In the case of Magon v Ottoman Bank [1968] EA 156, Duffus JA, as he then was, in a case of setting aside ex parte judgment at page 158 letter F, stated: “Rule 10, by virtue of which the judgment has been set aside, does give…
Division and case type: CivilCivil Suit
…It is clear that the Garnishee more or less complied with the requirement of the order that it must inform the court what sum was due from it to the judgment debtor.…
…As such the garnishee is finally bound by the garnishee order absolute that money owing from it to the judgment debtor.…
Division and case type: CivilCivil Suit
…The plaintiff opposed this application stating that judgment was entered by consent on 6th March, 2003 and the defendant has not paid a single penny as a sign of good faith towards reducing the debt.…
…consent of the decree -holder for sufficient cause shown order that the payment of the amount decreed be postponed or be made by instalments on such terms as the payment of interest, the attachment o f the property of the judgment…