Case law
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Division and case type: CivilCivil Appeal
…The prayers sought by the appellants in their plaint do not entitle them to an interlocutory judgment in any event. As pointed out there was no liquidated demand.…
…The entry of such interlocutory judgment was irregular as Order IXA of the Civil Procedure Rules does not cater for entering of an interlocutory judgment when the nature of reliefs sought requires formal proof.…
Division and case type: CivilCivil Case
…The plaintiff applied for and was granted interlocutory judgment after the defendant had failed to file a defence to the claim.…
…The defendant has in the end instructed another advocate to file this application praying that the interlocutory judgment to be set aside so that it can file its defence to the suit.…
Division and case type: CivilCivil Case
…The 2nd defendant having entered appearance did not file a defence and so on the 12th May, 1987 the plaintiff applied to the Deputy Registrar of the Court to enter interlocutory judgment for him as the 1st defendant had neither…
…The application by the plaintiff for an interlocutory judgment must have been made under order 9A rule 6 of the Civil Procedure Rules which allows for the entry of an interlocutory judgment with a subsequent assessment of…
Division and case type: CivilCivil Appeal
…However as summons was served on the defendant, and as no appearance was entered, the interlocutory judgment entered on 15th March, 1996 was a regular judgment and Mr.…
…Wamalwa requested entry of Interlocutory judgment by letter dated 2nd February, 1996 filed on 5th February, 1996. He did not respond to Mr. Ibrahim's aforesaid letter of 12th March, 1996.…
Division and case type: CivilCivil Case
…On application by the plaintiff an interlocutory judgment was entered against the defendant and suit listed for formal proof.…
Division and case type: CivilCivil Appeal
…And, the judge was not required to confirm or not to confirm, the interlocutory judgment entered in the suit.…
…The third ground criticizes the judge for setting aside the interlocutory judgment. The fourth ground explicitly confines itself to the failure on the part of the judge to assess the damages.…
Division and case type: CivilCivil Case
…Interlocutory judgment was entered for the plaintiff for a declaration that the seizure and impounding of the plaintiff’s motor vehicle registration No KUT 264 by the defendant was unlawful and without due process.…
Division and case type: CivilCivil Suit
…On top of this is shs.600/= special damages for which an interlocutory judgment was entered on 8th October, 1984.…
Division and case type: CivilCivil Case
…Well since by the interlocutory judgment following the striking out of the defence and counter claim, the matter of liability is no longer in issue, as thereby the defendant was found to have wrongfully denied possession…
Division and case type: CivilCivil Case
…He has now abandoned prayer (a) of the plaint for specific performance and by this notice of motion which he has filed under order XII rule 6 of the Civil Procedure Rules he is praying for interlocutory judgment in his favour…
…Mr Lakha who appears with Mr Makhecha for the plaintiff at the hearing of the motion submits that if the facts are admitted in the pleadings and / or in the correspondence the plaintiff is entitled to an interlocutory judgment…
Division and case type: CivilCivil Suit
…On May 14, 1985 an interlocutory judgment was entered against both the defendants with a sum of Kshs 450 together with interest for special damages.…
Division and case type: CivilCivil Case
…Well since by the interlocutory judgment following the striking out of the defence and counter claim, the matter of liability is no longer in issue, as thereby the defendant was found to have wrongfully denied possession…
Division and case type: CivilCivil Appeal
…The form of the application appears to follow order IXA rule 5 of the Civil Procedure Rules, whereby interlocutory judgment was prayed for, pending the matter being set down for the assessment of damages.…
…That application was acceded to and interlocutory judgment was entered on March 13, 1986. On the same day the damages were assessed, and on April 8, 1986, judgment was given for Kshs 210,000.…
Division and case type: CivilCivil Suit
…The record shows that the defendants were served with summons to enter appearance, on 23rd March, 1997 but they neither entered appearance nor filed defence hence the interlocutory judgment signed on 5th June, 1997.…
Division and case type: CivilCivil Suit
…There was no appearance and defence in time and he requested for interlocutory judgment to be entered in his favour but this was delayed and the defendant filed defence and appearance.…
Division and case type: CivilCivil Case
…The second defendant defaulted and on an application on behalf of the plaintiff an interlocutory judgment was entered against him. The first defendant entered an appearance and attended the trial.…
Division and case type: CivilCivil Appeal
…The learned counsel for the plaintiff then applied for and obtained interlocutory judgment against the 1st defendant on the 1st of March, 1991.…
…By the time he entered his appearance and filed defence 4th of April, 1991, interlocutory judgment had been properly obtained against him on the 1st of March, 1991.…
Division and case type: CivilCivil Appeal
…On 14th August, 1991 an interlocutory judgment was entered in that case for the respondent and on 17th January, 1992 damages were assessed as follows:- (a) General damages for pain, suffering and loss of amenities: Kshs 600,000…
Division and case type: CivilCivil Appeal
…Either interlocutory judgment has been entered and damages remain to be assessed, or there is an ex parte hearing of all the issues on liability and damages.…
Division and case type: CivilCivil Appeal
…It being alleged that there was no valid appearance entered after due service of the summons, the respondent applied for and obtained that which was described as interlocutory judgment on March 22, 1979 and on May 7, 1979…