Search court decisions

…Three substantive reliefs are sought, namely; (i)   Joinder of the applicant (ii)   Setting aside the judgment and the proceedings (iii)   In the alternative to (ii), review of the judgment.…

…The suit herein has already been heard and determined, and judgment delivered. The record shows that the judgment was in respect of several parcels of land. There is no contest about the other parcels.…

…The court does not even have to be moved by a party once it comes to its notice that the judgment is irregular; it can set aside the default judgment on its own motion.…

…was entered, it cannot be said that the said judgment was regular.…

…The Applicant who was the successful litigant before this court has filed an application dated 7th November 2024 seeking review of the judgment issued by this court so as to correct paragraph 109 of the said Judgment so as…

…I have also perused the Judgment delivered on 3rd October 2024 and there is indeed an error apparent on the said Judgment as a court record due to a typing error which refers to Nandi/Lelmokwo/124 instead of Nandi/Lelmokwo…

…It is on this basis that she prays that the judgment of 13th November, 2024 be set aside and she be accorded an opportunity to be heard in her defence.…

…Applicant’s submissions The Applicant submitted that this court has a wide discretion to set aside a default judgment.…

…No Notice of Appeal was filed against the said Judgment. 7.…

…It is the normal practice for courts to entertain 3 kinds of post judgment application (i) An application for review of a judgment under 46 of the Civil Procedure Rules.…

…The Honorable Court, in its judgment dated 3rd December 2019, unequivocally ruled that the title deed of the Judgment debtor/Respondent, which read Eldama Ravine-Township 1/493, was cancelled Consequently the said Judgment…

…The court, in the same judgment, expressly ordered the judgment debtor; Respondent to give possession of the parcel no LR Nov 498/533 within thirty (30) days from the date of the judgment.…

…The legal provisions governing amendment of decrees and judgments are found at Sections 99 and 100 of the Civil Procedure Act.…

…In other words, the Slip Rule does not confer upon a Court, any jurisdiction or powers to sit on appeal over its own Judgment, or, to extensively review such Judgment as to substantially alter it.…

…Abel Hayora Onditi, the judgment debtor herein has come to this court with an application dated 30/8/2024, seeking orders that this Honorable Court does issue an injunction staying any further execution of this Judgment dated…

…The application is based on grounds that the Applicant being aggrieved by this Court\'s Judgment of 23rd August 2024 is intent on appealing against the Judgment to the Court of Appeal and has given notice and intention of…

…The issues arising for the court’s determination are whether the orders sought are necessary for implementation of the judgment delivered herein. 6.…

…The court has considered the judgment delivered herein on 5th November 2019.…

…The Respondents reiterated that the Court was rendered functus officio, courtesy of the Judgment dated 13th July, 2023, and therefore, the court is not in a position to supervise any post-Judgment orders.…

…“As to the construction of Order 10 Rule 11 of the Civil Procedure Rules, where Judgment has been entered under this order the court may set aside it vary such Judgment and any consequential decree or order upon such terms…

…through Cheruiyot Melly and Associates Advocates commenced an application dated 25th May 2026 against the respondent for the following orders; a) That, this Honourable Court be pleased to grant the Applicant leave –post Judgment…

…, inter alia; a) That, this Honourable Court delivered its Judgment in this matter on 6th February 2025 in the terms shown in the Judgment annexed to the Affidavit in support of the application filed herewith. b) That, this…

…That he managed to trace the documents after the judgment and filed the application for review immediately. 4.…

…It was counsel’s submission that the court, having delivered a judgment on merit, is now functus officio and cannot receive and consider additional evidence post- judgment.…

…Cis-mara/Olposimoru/354, vide its judgment of 6th September 2023.…

…However, the court can entertain post judgment applications for execution of the said Judgment, stay of execution, review, setting aside and/or vacation of the said Judgment on reasonable grounds.…

…It was his deposition that the Applicant is not a party to this suit and cannot cause the Judgment to be set aside. He asked the court to allow them to benefit from the fruits of their judgment.…

…He deponed that had this happened, the applicants would have moved the court before judgment. He asked the court to set aside the judgment. The Plaintiffs filed Grounds of Opposition dated 27th October, 2025.…

…The applicant submits that an Order for a stay of execution allows a party to a suit to halt the proceedings of a judgment and to stay the execution of a judgment of a court and therefore such an application should be made…

…The alleged discovery is of evidence that was created after judgment and therefore the same is important and yet the application is being made on 13th January 2026, approximately six years after judgment.…

…In the said Judgment, the court declared that land parcel No. ​ …

…In his Affidavit, the Plaintiff/Applicant deponed that despite the Defendant/Respondent being aware of the Judgment delivered on 22nd March 2023, he never filed any appeal, review, or application to set aside the judgment…

…He further averred that the matter was heard and judgment delivered in his favour on 12th April, 2018.…

…The Respondent averred that the court having pronounced itself over the subject dispute by the judgment delivered on 12th April, 2018 which judgment has not been set aside or reviewed, the orders sought are legally untenable…

…He has deposed that that interlocutory judgment was entered against him in the present suit on 4.12.2019 pursuant to an affidavit of service sworn on 29.10.2019; that he was never served with a notice of entry of judgment…

…Order 10, Rule 11 of the CPR being the applicable provision in setting aside interlocutory judgments, provides that: Where judgment has been entered under this Order the court may set aside or vary such judgment and any consequential…

…The Plaintiff filed an application for judgment on admission. 4. On 11 th August, 1983, the application for entry of judgment came up for hearing.…

…The judgment in this case directed the records of the County Council to be rectified to read the Plaintiff’s name. This was done and there has never been any appeal against the said judgment.…