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…He said theapplicants have always frustrated execution of the judgment of the ResidentMagistrate, Eldoret and Mead, J's appeal judgment of 1981.…

…A review should, normally, under the relevant Rules, go before the Judgewhose judgment or order is to be reviewed.…

…an application to set aside the ex-parte judgment in Civil Case No 76 of 1992.…

…– “Where judgment has been entered under this Order the Court may set aside or vary such judgment and any consequential decree or order upon such terms as are just” Courts have been very liberal on applications of this nature…

…. ….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.…

…He said theapplicants have always frustrated execution of the judgment of the ResidentMagistrate, Eldoret and Mead, J's appeal judgment of 1981.…

…A review should, normally, under the relevant Rules, go before the Judgewhose judgment or order is to be reviewed.…

….……............DEFENDANTS JUDGMENT The plaintiff herein sued the defendants seeking damages arising from an accident in which they sustained while traveling in the defendants’ motor vehicle driven by the defendants, their…

…at court rates from the date of judgment until payment in full. 3. 3 rd Plaintiff – Rachel Wanjira Kamau General damages for pain, suffering and loss of amenities Kshs 45,000/- with interest at court rates from the date…

…That there be a stay of execution of the court’s judgment pending the hearing of this application. 3.…

…That the applicant has demonstrated that he has shown various reasons as to why they want the consent judgment set aside.…

…As a result of this document the plaintiff/applicant through his counsel Njuguna & Co, Advocates filed an application on 21st April 1992 to pray for entry of judgment against the defendant/respondent in the sum of Kshs 67,900…

…On this basis, therefore, the plaintiff/applicant prayed for entry of judgment under order 12 rule 6 of the Civil Procedure Rules.…

…In her judgment the learned trial magistrate did not give judgment to applicant for this sum already paid which would have attracted costs. Secondly, there is no mention that the trial was for the balance of 4,000/=.…

…In the premises, I find that the learned trial magistrate erred by not giving appellant judgment for 7,000/= which had been admitted and paid plus interest at court rates.…

…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.…

….… DEFENDANT JUDGMENT On 16th June 1988 the plaintiff entered into a hire purchase agreement to purchase motor vehicle registration No KZB 139, Nissan Sahara Pick-up from the defendant.…

…I therefore award the plaintiff a sum of Kshs 250,000/- in general damages plus costs of the suit and interest from the date of this judgment. Dated and delivered at Eldoret this 5th day of October, 1993 S. K.…

…Thereafter the plaintiff filed this case seeking judgment against the defendant.…

…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.…

…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…

….……..DEFENDANT JUDGMENT The respondent sued the appellant in the lower court seeking damages both special and general for injuries sustained in an accident while at his place of work with the defendant and which accident…