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…discretion remains unfettered; See order IX A rule 10 of the Civil Procedure Rules which provides that – “Where judgment has been entered under this Order the Court may set aside or vary such judgment and any consequential decree…

…Ultimately I would allow this appeal, set aside the lower court’s order and remit the case back to the same Court to be heard by another magistrate of competent jurisdiction with leave to appellant to file decree and defend…

…The land had been sub-divided by then with the consent of the Land Control Board because the decree had been executed. Nduhiu complained he had lost all his land without being heard.…

…He asked for orders that Mr Justice J S Patel’s ruling and orders be set aside, the ex-parte judgment of June 11, 1979 and its decree be set aside, Nduhiu be given leave to file a reply to the counterclaim and the suit be…

…thirty days for filing an appeal from a Subordinate Court:- “excluding from such period any time which the lower Court may certify as having been Requisite for the preparation and delivery to the appellant of the copy of the decree…

…A decree was drawn and signed by the Deputy Registrar and Execution process set in motion. There were attachments made in the execution of the decree in part.…

…A decree nisi willissue to become absolute six months’ hence. Each party to bear his/her own costs. Dated and Delivered at Eldoret this 25th Day of January, 1989 D.K.S. AGANYANYA ……………………. JUDGE…