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…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.…

…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.…

…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.…

…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.…

…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.…

….…………… 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.…

…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.…

…DEFENDANT JUDGMENT The plaintiff was injured in an accident on Nairobi/Thika road in which the vehicle he was in overturned. He got a nasty cut on his right wrist and on his forearm that have left scars ugly over.…

…I enter judgment for that sum together with special damages of Kshs 500 with interest and costs. D C PORTER JUDGE 5.2.86…

…HIGH COURT OF KENYA AT NAIROBI (MILIMANI LAW COURTS) CIVIL SUIT NO 1786 OF 1984 ANASTASIA KAMENE CHEGE…………………………………………......................PLAINTIFF AND LAWRENCE NDUATI KIGUTA…………………………………………....................DEFENDANT JUDGMENT…

…On top of this is shs.600/= special damages for which an interlocutory judgment was entered on 8th October, 1984.…

…Civil Procedure Rules order VIA rule 3 July 8, 1985, Trainor J delivered the following Judgment.…

…The judgment on the counterclaim was set aside and the proceedings continued in a consolidated form and on oral evidence.…

…Nairobi (Nairobi Law Courts) Civil Suit 1055 of 1994 FRANCIS KABAA…………………………………………………………………………… PLAINTIFF VERSUS NANCY WAMBUI……………………………………………………………………. 1ST DEFENDANT JANE WANJIRU GITUANJA……………………………………………………… 2ND DEFENDANT JUDGMENT…

…It resulted into a judgment. This was not appealed against. Nor was the award challenged under relevant. Order 45 provisions.…

…They seek the following orders:- (1) That summary judgment be entered in favour of the plaintiffs against the Defendants. (2) That the costs of this application be provided for. (3) That such other and or further orders be…

…The Court of Appeal’s response to that argument is found at page 8 of the judgment line 9 from the bottom.…

…He has relied upon the judgment of Hancox J in this court’s (unreported) Civil Case No 3338 of 1979 Rev Canon Leonard Mbugua vs The Most Rev Festa Habakuk Olang and another.…

…At page 7 of his judgment Hancox J said: “I fully agree that the last thing the court wishes to do is to arrogate to itself powers to decide on matters which are not ordinarily justiciable by the courts ....... but there…

…He in particular said that the remedy he has against the 3rd and 4th defendants is for recovery of judgment entered in default against those defendants.…

…It is on record that the plaintiff has applied for judgment against those defendants in default of an appearance.…

…There were 9 agreed issues and in my judgment I will answer them as per the evidence which was presented to the court. The statement of agreed issue was filed on 17.11.99 and I shall refer to them later.…

…Judgment Having reviewed the evidence above I come to the conclusion that the plaintiffs have failed to prove their case as filed. The suit is dismissed but each party shall bear its costs of the suit.…

………………DEFENDANT JUDGMENT The parties in this suit are cousins who hail from Mbiuni, Machakos. The suit concerns a piece of land known as Mbiuni/Katitu/484.…

…They had no jurisdiction to sit in judgment respecting the suit land.…

…Patel has submitted that the notice of appeal was filed out of time in that the judgment having been delivered on December 3, 1984 the latest date for filing the notice of appeal was December 7, 1984, but it was filed on…

…application in case NAI 33 of 1983 (relating to the other applicant) Mr Wamae stated that it was this applicant’s failure to pass on the result of the case (of which Mr Wamae had informed him by telephone immediately after the judgment…

…In my judgment the applicant has not shown in this case that he should have the unfettered discretion exercised in his favour.…

….….........RESPONDENT JUDGMENT The plaintiff David Muola has brought this action against his former employer East African Packaging Limited the defendant.…