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…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.…

…...................................................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…

…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.…

….............................................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.…

…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.…

…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…

…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.…

…After the commencement of the hearing the parties recorded a consent order for judgment in the sum of Kshs 18,263.80 in a way of special damages.…

…An amount has been agreed and judgment entered for the sum of Kshs 18,262,80. There could not have been a consent judgment if there was no admission of liability.…

…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.…

…May 31, 1988 Aluoch J delivered the following Judgment.…

…That in this situation, his client Bernard Kairu obtained a judgment in his favour, that judgment must be satisfied.…

…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.…

…1989, Tanui J delivered the following Judgment.…

…judgment was recorded.…

…It is obvious that the Plaintiff has based its claim on the Judgment mentioned earlier. It is that Judgment that it alleges to have interfered with its rights as mortgagee.…

…If it was not for that Judgment, the Plaintiff would have agitated its claim as mortgagee with reference to that Judgment.…

…Potter JA, stated in his judgment – “In his Ruling Simpson, J (as he then was) observed that the facts material to the application for judgment were expressly or impliedly admitted in the defence and that the defendants relied…

…entitling the plaintiff to judgment.…

…The condition was, essentially, that the Judgment-Debtor deposits the decretal sum (calculated at KShs. 14,203,040/50 as at 12th November, 2008) in an interest–earning account (to be opened in the joint names of the advocates…

…The Judgment-Debtor has now come back to court by notice of motion dated 27th October, 2008.…

…Throughout the whole of the judgment this point is stressed.…

…Lord Porter’s judgment throughout reflects that “normally a licence is revocable.”…

…The respondent produced a certified copy of the judgment. The decretal sum was not paid to him and therefore he filed the declaratory suit.…

…She therefore found the appellant liable to satisfy the respondent’s claim and gave judgment in favour of the respondent. 6.…

…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.…