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…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.…

…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…

…RESPONDENT RULING By a motion on notice dated 15th March, 1989, the plaintiff applied for judgment for Kshs 135,230/- under order XXIV rule 6 Civil Procedure Rules.…

…Once a judgment is entered then he would be estopped from challenging it later unless on grounds which would vitiate a contract.…

…DEFENDANT JUDGMENT In 1990 the plaintiff was an employee of Pwani United Builders who were constructing a building at Makupa.…

…In a judgment which was delivered on the 14th November 1989 the plaintiff was awarded Shs. 200,000/=; as general damages for pain, suffering and loss of amenities.…

…SUIT NO. 295 OF 1976 JOSEPH KARISA MUTSONGA ...........................................................PLAINTIFF VERSUS JOHNSON NYATI................................................................................DEFENDANT JUDGMENT…

…Rectification is often used for making an alteration correcting an entry in a register and that, in my judgment, is its meaning in section 143 of the Act. It is not defined in the Act itself.…

…I will inevitably consider each of thoseaspects in the later parts of the judgment. , In its statement of defence the defendant made a totaldenial of all averments in the plaint.…

…Shs.53, 275/- With interest from the date of this judgment/ There will be judgment for those figures and costs of the suit. Dated and delivered on the 13th October, 1994. I.C.C WAMBILYANGAH JUDGE…

…It was equally prayed that upon the striking out, judgment be entered for the plaintiff as prayed in the plaint. 2.…

…Being so undefended no issue remains to be determined by the court hence I do enter judgment for the plaintiff as prayed in the plaint.…

….…………………………..DEFENDANT JUDGMENT This suit is brought by the widow who also holds a grant of representation for the estate of Arthur Ogutu Otieno who died in a road accident on 25th September 2000.…

…Judgment is entered against the defendant in the sum of the total shs.1.176,720/- plus interest and costs. Dated this 11th day of August, 2003. JOYCE KHAMINWA JUDGE…