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…REPUBLIC OF KENYA Njoroge v Prestige Air Services Ltd High Court, at Mombasa August 15, 1991 Wambilyangah J Civil Case No 204 of 1990 Civil Practice and Procedure – setting aside - default judgment – judgment in default of…

…defence – discretion to set aside such judgment – principles on which this discretion is exercised – where delay in filing defence was out of the defendant’s advocate’s mistake – whether justice required that default judgment…

…Their complaint was laid before the judge on an application to review the judgment but the court overlooked this vital allegation that vitiates the judgment.…

…of justice and the judgment should be set aside.…

…judgment.…

…That judgment to-date has not been set aside by the lower court as his application to set aside the said judgment was subsequently dismissed since his counsel did not turn up in time to prosecute it and when he did turn up…

……RESPONDENTS (Appeal from a judgment of the High Court of Kenya at Mombasa (Bhandari, J) dated October 13, 1983 In High Court Civil Case No 26 of 1983) ________________ JUDGMENT OF HANCOX, J A I have had the advantage of…

…reading in draft the judgment of Platt, Ag J A.…

….…… RESPONDENT (From a judgment and decree of the High Court at Mombasa, Bosire J, dated the 25th November 1988 in High Court Civil Case No 490 of1984) JUDGMENTS Hancox CJ.…

…And this indeed emerges from the following passage in the judgment of Slesser LJ, which to my mind explains the passage from the earlier judgment of Scrutton LJ at page 612 cited to us by Mr Inamdar.…

….……… RESPONDENT (Appeal from the judgment and order of the High Court of Kenya at Nairobi (Porter J) dated 20th December, 1988 in High Court Civil Case No 4758 of 1987) JUDGMENTS Nyarangi JA.…

…In my judgment on a true construction of sub-section (2) of section 9 of the Land Control Act, a sale agreement is an agreement for a controlled transaction.…

…LTD...............RESPONDENT (Appeal from a judgment of the High Court of Kenya at Nairobi (Lady Justice Aluoch) dated 25th day of February, 1987 in HCCC No 2539 of 1981) ********************* JUDGMENT OF THE COURT The appellant…

…The following is the relevant part of the judgment of the learned judge.…

…(Appeal from an Order of the High Court at Nakuru, Mead J) April 16, 1986, Nyarangi JA delivered the following Judgment.…

…In my judgment the trial Judge erred in finding that the material facts which facts the trial Judge considered far too narrowly, were not outside the knowledge of the appellant.…

…The application for summary judgment should not be allowed as there are triable issues in the matter to be heard at the Business Premises Rent (sic) Tribunal. 2.…

…I said early that the proceedings in the Tribunal were filed exactly one year after the suit had been filed and only after the application for summary judgment.…

…Macharia v Mungai (Civil Appeal 85 of 1990) [1995] KECA 165 (KLR) (18 October 1995) (Judgment) G.K. Macharia & another v Lucy N.…

…Odd Jobs v Mubia [1970] EA 476 Statutes Civil Procedure Rules order XIV rule JUDGMENT 1.…

…He applied on some unspecified date for a certified copy of the first appeal proceedings and judgment and did not obtain them until November 30, 1983.…

…So Wamunyama applied to the Bungoma District Magistrate to set aside the ex parte judgment and was successful. He entered appearance and filed his defence.…

…He said he was the beneficiary or an assignee of a judgment delivered on March 15 1982 by Muli, J in Nairobi High Court Civil Suit 1038 of 1974.…

…The respondent’s advocate filed his notice of appeal on March 18 1982 which is three days after Muli, J delivered his judgment so there was no dilly-dallying there.…

…On appeal to the High Court, the trial court’ judgment was reversed, so that the plaintiff generally succeeded in his original claim. Now the defendant appeals to this court.…

…The key to the judgment is the remark - “The parties must recognise the boundary fixed by the Land Registrar.”…

…In my judgment it was established that the tanker came over on to the Renault’s side of the road. On the evidence the respondent had about one minute in which to avoid the accident.…

…The judgment of the honourable trial judge has occasioned a failure of justice and or resulted in a gross miscarriage of justice. 11.…

….……… 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.…

…J) dated 11th August 1989 in Civil case No 163 of 1987) October 23, 1991 the following Judgments were delivered.…

…But that does not apply, in my judgment, to the same extent where the attachment is, if I may so call it, a voluntary one.…

…REPUBLIC OF KENYA Dola v Attorney General High Court, at Mombasa August 27, 1992 Omolo J Civil Case No. 327 of 1989 August 27, 1992, Omolo J delivered the following Judgment.…

…By the time I started on this judgment (6th August, 1992) I had not seen any submissions from counsel for the Defendant. I take it that she has none to make.…

…Juma) dated the 27th day of June, 1996) in Civil Suit No.4173 of 1989) ************* JUDGMENT OF THE COURT This is an appeal by Samuel Ngure Gathii from a judgment and decree of the superior Court (Mr.…

…A final judgment of a competent Court in any criminal proceedings which declares any person to be guilty of a criminal offence shall, after the expiry of the time limited for an appeal against such judgment or after the date…