Case law
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Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Suit
….……… 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.…
Division and case type: CivilCivil Case
…Abdullah & another v Chari & another (Civil Case E007 of 2021) [2024] KEHC 16144 (KLR) (20 December 2024) (Judgment) Neutral citation: [2024] KEHC 16144 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYERI CIVIL CASE E007 OF…
…The plaintis herein Hawo Shanko Abdullah And Zamzam Gobe Garo instituted this suit by way of a plaint dated 2nd August 2021 seeking judgment against the Defendants for general and special damages under the Law Reform Act…
Division and case type: CivilMiscellaneous Application
…The applicant has explained that the delay in filing the appeal was due to the delay in obtaining the proceedings and judgment from the Lower Court even though the same were applied for in time.…
…It is evident that the judgment subject of the intended appeal was delivered on 20th November 2002 and that the applicant applied for copies of the proceedings and judgment on 21st November 2002 but did not receive them until…
Division and case type: CivilCivil Appeal
……………………………………RESPONDENTS (Appeal from the judgment of the High Court of Kenya at Nyeri (Patel, J) dated 10th October, 1983 In Civil Case No 186 of 1981) ___________________ JUDGMENT OF THE COURT The respondents, as plaintiffs…
…The High Court record does not say that the plaintiff’s advocate applied for judgment pursuant to the award. But then, the trial Judge could not have entered the judgment without a request to do so.…
Division and case type: CivilCivil Appeal
…Seventeen days after the judgment, however, Mr Macharia filed a summons in chambers expressed to be under Order IX B rule 8 Civil Procedure Rules asking for the judgment and order of June 11, 1979 to be set aside.…
…Where judgment has been entered under this order the court, on application by summons, may set aside or vary such judgment and any consequential decree or order upon such terms as are just.”…
Division and case type: CivilCivil Appeal
…In that case, it was held that a consent judgment may only be set aside for fraud, collusion or for any reason which would enable the Court to set aside an agreement.…
…No witness was called on behalf of the appellant and Kuloba J then reserved judgment to a date to be notified.…
Division and case type: CivilCivil Appeal
…COURT OF APPEAL AT NYERI (Coram:Nyarangi, Platt & Gachuhi JJA) CIVIL APPEAL NO 149 OF 1986 BETWEEN KARURU MUNYORORO....................................APPELLANT AND JOSEPH NDUMIA MURAGE............................RESPONDENT JUDGMENT…
…March 21, 1988, Platt JA delivered the following Judgment.…
Division and case type: CivilCivil Appeal
…NO. 15 OF 1995) *********************** JUDGMENT OF THE COURT This is a second appeal on an interlocutory application.…
Division and case type: CivilCivil Appeal
….……………………….RESPONDENT (An appeal from the Judgment of the High Court of Kenya at Nyeri (Hon. Justice J.L.A.…
…Osiemo) dated 10th July, 1996 IN CIVIL SUIT NO. 24 OF 1993) ************************** JUDGMENT OF THE COURT This appeal arises out of a road accident which occurred on 23rd October, 1990 in which the respondent, who was…
Division and case type: CivilCivil Appeal
…NO. 119 OF 1992 *********************** JUDGMENT OF THE COURT The respondent does not seriously oppose the appellant’s appeal.…
Division and case type: CivilCivil Appeal
…The applicants had since led a petition of appeal seeking to set aside the entire judgment of the Court of Appeal.…
…The applicants have since led a petition of appeal seeking to set aside the entire Judgment of the Nyeri Court of Appeal in Civil Appeal No.24 of 2014 dated 30thSeptember, 2014. 3.…
Division and case type: CivilCivil Case
…ANG’AWA JUDGE 5.7.93 Court as before Judgment read in court. Exhibit to be returned to depot. Except Exhibit D1. M. A. ANG’AWA JUDGE 5.7.93 Date: 1/10/93 Coram: Before Hon. Lady Justice M. A.…