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….……… 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.…

…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 applicant has explained that the delay in filing the appeal was due to the delay in obtaining the proceedings and judgment from the Lower Court even though the same were applied for in time.…

…It is evident that the judgment subject of the intended appeal was delivered on 20th November 2002 and that the applicant applied for copies of the proceedings and judgment on 21st November 2002 but did not receive them until…

…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.…

…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.…

…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…

…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…

…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.…

…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.…

…KENYA CASEMENTS LIMITED…………………………………………........................APPLICANT AND IDEAL CASEMENTS LIMITED………………………………………..........................RESPONDENT (Appliation for stay of execution pending an intended appeal from a judgment…

…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.…

…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…

….…………… 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.…

…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.…

…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…

…It is, therefore, clear that as at 20 May, 1998 the proceedings and judgment were ready for collection and, in my view, that is the date on which time commenced to run.…

…Nor does Rule 85 of the Rules relating to compilation of the record of appeal require the proceedings or the judgment to be certified.…

…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.…

…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…