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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.…

…It is observed that the order sought is the setting aside of a default judgment entered herein.…

…An application under Order IXA 10 and 11 of the Civil Procedure Rules is brought where judgment has been entered for non-appearance and/or default of defence.…

…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…

…“By consent judgment for the plaintiff against all the defendants jointly and severally in the inclusive sum of shs 2,153,500 inclusive of costs with court disbursements to be paid by the defendants.…

…I therefore orders that there will be judgment in favour of the plaintiff in the sum of shs 2,111153,500/= inclusive of costs and court disbursements to be paid by the defendants.…

…I would wish the registries to note that the court process servers fully comply with requirements of order V rules 12 and 14 before a judgment in default is entered.…

…Judgment entered against the second defendant on 28th March, 1984 is set aside. All execution proceedings against the second are also set aside.…

…Abdullah & another v Chari & another (Civil Case E007 of 2021) [2024] KEHC 16144 (KLR) (20 December 2024) (Judgment) Neutral citation: [2024] KEHC 16144 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYERI CIVIL CASE E007 OF…

…The plaintis herein Hawo Shanko Abdullah And Zamzam Gobe Garo instituted this suit by way of a plaint dated 2nd August 2021 seeking judgment against the Defendants for general and special damages under the Law Reform Act…

…...................................................DEFENDANT R U L I N G This is an application by way of chamber summons under section 3A of the Civil Procedure Act for an order that the rate of interest awarded in the judgment…

…There is on record an application dated 18th and filed on 26th July, 1996 by the plaintiff where a review of the judgment was sought so that the interest should be at the same rate as that charged by Kenya Industrial Estates…

…I struck out the defence but as the action was somewhat unusual I refused to give judgment, but directed that the case be set down for Formal Proof.…

…The diversity of views on this subject can be seen by reading the judgments in Sperton Steel & Alleys Limited v Martin & Company (Contractors) [1972] 3W LR 502.…

…OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO.2440 OF 1999 CHRISPHINE MAINA GATURU ………………………………… PLAINTIFF VERSUS MUYA MACHARIA ……………………………………………… DEFENDANT R U L I N G This is an application for summary judgment…

…Accordingly, I dismiss the application for summary judgment with costs to the Defendant.…

….............................................DEFENDANT R U L I N G The defendant/applicant has moved the court by way of Chamber Summons under Order 9A Rule 10 of the Civil Procedure Rules for an order that the ex-parte judgment…

…This court has an unfettered discretion to set aside or not the judgment on record. See Joseph Ngunje Waweru - vJoel Wilfred Ndiga (1982-88) 1 KAR 210. The defendant has annexed the intended defence.…

…It is that judgment which the defendants now ask the Court to set aside.…

…Judgment was regularly obtained against him and I see no reason for setting aside that judgment.…

…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.…

…I struck out the defence but as the action was somewhat unusual I refused to give judgment, but directed that the case be set down for Formal Proof.…

…The diversity of views on this subject can be seen by reading the judgments in Sperton Steel & Alleys Limited v Martin & Company (Contractors) [1972] 3W LR 502.…

…the Defendant/Respondent that the cheques on which the applicant’s account was debited did not belong to the plaintiff/applicant as deposed in paragraphs 5 – 9 of the affidavit in support of the application for summary judgment…

…I accordingly enter Judgment as prayed in the sum of Ksh. 789,649/= plus costs and interest. The question of general damages is to be tried on vivo voce evidence at a date to be taken at the registry.…

…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.…