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…BULEMI.........................................................APPELLANTS AND SAMSON LUWAYI...........................................................RESPONDENT (Appeal from a judgment/order of the High Court of Kenya at…

…Kakamega (Aganyanya , J.) dated 29th day of May, in Civil Appeal No. 22 of 1985) * ****** JUDGMENT OF NYARANGI J.A.…

…CIVIL APPEAL NO. 33 OF 1995 BETWEEN MWITA MERENGO………………………….APPELLANT AND WEREMA MERENGO………………….RESPONDENT (Appeal from the judgment/order of the High Court of Kenya at Kisii (Mabaluto , J.) dated 14th September, 1994 IN…

…CASE NO. 330 OF 1991) ************************** JUDGMENT OF COURT The award filed in the superior court on 7th December, 1992 was not signed by all the persons who made it as is required by rule 10 of Order XLV of the Civil…

…Court at Kakamega (Mbogholi J) dated 12th day of October, 1989 in HCCC No 106 of 1987 (OS)) JUDGMENT JUDGMENT OF Gicheru JA.…

…JUDGMENT OF Cockar Ag JA.…

…Mugogo v Sihowa (Civil Appeal 39 of 1986) [1988] KECA 101 (KLR) (19 January 1988) (Judgment) Mugogo v Sihowa [1988] eKLR Neutral citation: [1988] KECA 101 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CIVIL APPEAL…

…RESPONDENT (Appeal from the judgment of the High Court at Kisumu, Butler-Sloss J) JUDGMENT 1.…

…RESPONDENT (appeal by the defendant against the judgment entered by Aganyanya J. on 31st July, 1936 in Civil Appeal No 90 of 1985 of High Court of Kakamega) JUDGMENT Judgment of Nyarangi JA. 1.…

…That was followed by a formal proof and a judgment after the proof. The defendant applied to have the ex-parte judgment set aside.…

…Ako v Special District Commissioner Kisumu & another (Civil Appeal 27 of 1989) [1989] KECA 50 (KLR) (19 June 1989) (Judgment) Ako v Special District Commissioner Kisumu & another [1989]eKLR Neutral citation: [1989] KECA 50…

…Under section 9(3) of the Law Reform Act (cap. 26) leave shall not be granted unless application for leave is made inside six months after date of judgment.…

…and Decree of the High Court at Kakamega, Gicheru J)) JUDGMENT Judgement of Gachuhi JA . 1.…

…There is no form of trust that can be inferred after the judgment, unless it was embodied in the judgment.…

…RESPONDENT (Appeal from a Judgment of the High Court at Kakamega, Aganyanya J) JUDGMENT Judgment of Nyarangi JA 1.…

…Judgment of Gachuhi JA. 1. I also agree that this appeal should be dismissed.…

…Owuor v Kenya Medical Research Institute, Malaria and Other Protozol Diseases Research Center Court of Appeal, at Kisumu June 27, 1988 Gachuhi, Apaloo & Masime JJA Civil Appeal No 25 of 1987 (Appeal from a judgment and decree…

…June 27, 1988, Gachuhi, Apaloo & Masime JJA delivered the following Judgment.…

………RESPONDENT JUDGMENT Richard Saidi the appellant in this case sued Sembi Motors on November 16, 1983 in the resident magistrate’s court at Kakamega.…

…In his judgment the trial magistrate found that on a balance of probabilities the appellant failed to prove his case and dismissed it with costs.…

…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…

…September 19, 1988, Gachuhi JA delivered the following Judgment.…

…Summary judgment was applied for and the judgment was entered on October 23, 1978 for Kshs 48,776.25. There is no difference of Kshs 20,000 which the appellant, claims to have paid in excess in the judgment.…

…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…

…That application was acceded to and interlocutory judgment was entered on March 13, 1986. On the same day the damages were assessed, and on April 8, 1986, judgment was given for Kshs 210,000.…

…If there are merits in the defence, it would be unjust not to allow them to be heard, even if judgment had been obtained regularly. On the other hand if there are no merits, judgment should stand.…

…(Appeal from the High Court at Kisumu, Porter J) May 3, 1988, Platt, Apaloo JJA & Masime Ag JA delivered the following Judgment.…

…This review followed one before Scriven, J himself, in which he refused to alter his judgment.…

…RESPONDENT ((Appeal from the Judgement/Ruling of the High Court of Kenya at Kisumu (Omolo J) dated 30th May, 1989 in High Court Civil Case No 215 of 1987) JUDGMENT Judgment of Hancox CJ. 1.…

…The emphasis, as elsewhere in the quotations in this judgment, is mine.…

….………..RESPONDENT JUDGMENT In 1979 Simon Odinga entered into an agreement of sale of his parcel of land Butsotso/Indangalasia/355 with Charles Sande. The entire parcel of land comprised 11.5 acres.…

…The trial magistrate after considering the evidence, gave judgment for the plaintiff.…

…that the judgment is wrong.…

…He hoped that the trial judge would listen to him, re-hear the case and give the appellant his own judgment upon the evidence.…

…NO. 17 OF 1994) ********************** JUDGMENT OF GICHERU, J.A.…

…I have had the advantage of reading in draft the judgments of Chesoni, C.J. and Omolo, J.A. and I agree that this appeal be allowed in terms of the orders proposed by Omolo, J.A.…