Case law
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Division and case type: CivilCivil Case
…......................................................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 entered in default of defence on 19th March, 1996 be set aside and that she be allowed to file a defence.…
Division and case type: CivilCivil Case
….............................................RESPONDENT RULING By her application dated 19th January, 1994 the second defendant applies for three orders namely that execution of decree herein against her be stayed, that ex…
…parte judgment entered against her on 28th March, 1984 be set aside and that she be allowed to file her defence.…
Division and case type: CivilCivil Case
….… RESPONDENT RULING This is an application by the defendant in the suit that the ex-parte judgment entered against him on 25/2/88 be set aside on the grounds that he was never served with summons to enter appearance and…
…I allow the application, set aside the ex-parte judgment entered on 25/2/ 88 and the execution thereon.…
Division and case type: Anti-CorruptionPetition
…For example, the Court of Appeal in CMC Holdings Ltd vs Nzioki [2004] KLR 173 held; “In an application for setting aside ex parte judgment, the Court exercises its discretion in allowing or rejecting the same.…