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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.…

…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 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.…

…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 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.…

…of the Judgment Debtor, the instant Motion is unmerited and therefore ought to be disallowed and costs awarded to the Judgment Debtor. 6.…

…Milton Gitahi reiterated the contents of his Replying Affidavit that he plays no active involvement in the Judgment Debtor or possess any books of account for the said Judgment Debtor and that the Judgment Debtor has been…

…Clarification of the judgment.…

…“the sense or substance” of the judgment or order. 20.3 Correction of errors in a judgment.…

…He deposed that he instituted proceedings in Kenya to enforce the judgment and that the judgment sought to be enforced is a valid and regular judgment.…

…for enforcing foreign judgments in Kenya.…

…Kariuki further argued that the 1st defendant was still operating and the plaintiff should seek to enforce the judgment against the 1st Judgment debtor before resorting to committing the 2nd Judgment debtor to civil jail.…

…Counsel for the 2nd Judgment debtor conceded that his client had not paid anything since 2020 when the judgment was entered.…

…The decree holder depones therein that he personally knows the first objector as one of the judgment debtor’s best friend, while the 2nd objector is the judgment debtor’s first wife who resides in the judgment debtor’s Syokimau…

…That it is clear the judgment debtor transferred the property only after judgment was delivered herein only to defend the course of justice.…

…It was her case that once the court delivered its judgment, it became functus officio and hence has no jurisdiction to entertain any post-judgment applications, mentions, or hearings.…

…I find that counsel was aware that a judgment had been delivered in this case, and what was remaining was the implementation of the order as per the Judgment.…

…be appropriately amended, presumably to reflect the new date of reading of judgment. 3.…

…There is a judgment in the file and an indication that judgment was transmitted to the advocates for the parties electronically on 16/1/2025.…

…As stated, in civil matters, arrest of Judgment is not expressly provided for.…

…If judgment has already been read, the proper recourse is through an appeal, not by attempting to arrest or stay the judgment at the trial court.” 18.…

…It is also evident that after the issuance of a Judgment, the court becomes functus officio, though post judgment proceedings can be entertained.…

…On whether the Judgment in place should be set aside, this court finds that the Judgment herein is a regular judgment having been issued after an inter-parties hearing.  …

…The consent judgment was consequently adopted as an order of the court on 27 th April 2023.…

…The said judgment was adopted as an order of the court on 27 th April 2023.…

…RULING AND JUDGMENT THE RULING 1.…

…defence resulting in default judgment.…

…That the Judgment Debtor is a limited liability company and thus a separate entity in law.…

…As earlier established, the Judgment Debtor was partially found liable in the judgment delivered herein.…