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…. ….RESPONDENT (Appeal from a judgment and decree of the High Court of Kenya at Mombasa (Wambiliyangah, J.) dated 21st November 1995 IN H.C.C.C. NO. 331 OF 1989) ************************ JUDGMENT OF TUNOI, J.A.…

…. ………..RESPONDENT (Appeal from the judgment of the High Court of Kenya at Mombasa (Mr. Justice T. Mbaluto) dated 15th October, 1993, IN ADM.…

…CAUSE NO. 11 OF 1992) *************************** JUDGMENT OF THE COURT This appeal emanates from the judgment of the High Court of Kenya Admiralty Jurisdiction (Mbaluto, J.) dated 15th October, 1993 sitting at Mombasa.…

…That on perusal of the Judgment, the applicant is aggrieved with the entire Judgment and desirous of lodging an appeal. (4).…

…Two issues come into play first whether the applicant had sufficient notice of existence of the Judgment and the outcome of the claim.…

…I have had the advantage of reading the judgment prepared by Kneller JA in draft and I agree with it.…

…In my judgment there is a clear saving there for the defence available under section 4(1), that is to say the subsection relating to actions founded on contract.…

…Chan Wai Tong v Li Ping Sum [1985] 2 WLR 396 Advocates Satish Gautama and K M Pandya for the appellant I T Inamdar for the respondent September 10, 1985, Kneller JA delivered the following Judgment.…

…Mr Justice Bhandari gave judgment and made these awards in the High Court at Mombasa on April 30, 1984: Kshs Net special damages 13,150 Loss of future earnings 63,000 General damages 250,000 Total 326,150 The appellant has…

…Enterprises v Wills REPUBLIC OF KENYA Court of Appeal, at Mombasa August 29, 1991 Hancox CJ, Gachuhi & Cockar JJ A Civil Application No NAI 12 of 1991 (Application for leave to appeal out of time in an intended appeal from a Judgment…

…The applicant unsuccessfully sought leave to appeal against a judgment of Superior Court (Shields J ).…

…Chan Wai Tong v Li Ping Sum [1985] 2 WLR 396 Advocates Satish Gautama and K M Pandya for the appellant I T Inamdar for the respondent September 10, 1985, Kneller JA delivered the following Judgment.…

…Mr Justice Bhandari gave judgment and made these awards in the High Court at Mombasa on April 30, 1984: Kshs Net special damages 13,150 Loss of future earnings 63,000 General damages 250,000 Total 326,150 The appellant has…

…I would set aside the judgment and orders of the High Court and strike out the proceedings as incompetent. I would grant the costs of the appeal to the appellant.…

…A The facts of this case are set out in the judgment of Platt, Ag JA.…

…Khanna for EABS submitted at the hearing of the application that the superior court had no jurisdiction to order the matter to be heard de novo; that the applicant had no remedy and that he should accept the judgment as it…

…Thereafter, the tenants/appellants applied under Section 80 of the Civil Procedure Code and Order XLIV – Civil Procedure Rules for review of its judgment on the ground that the High Court had no jurisdiction to hear the appeal…