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…judgment.…

…That judgment to-date has not been set aside by the lower court as his application to set aside the said judgment was subsequently dismissed since his counsel did not turn up in time to prosecute it and when he did turn up…

….……… 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.…

…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 plaintis 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…

…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…

…The learned Chief Magistrate patiently listened to these wrangles in his Court and on 11th August, 1994 handed down his judgment from which this appeal now lies.…

…It is submitted the learned Chief Magistrate lacked jurisdiction to entertain the suit as his pecuniary limit was only Shs 125,000/= at the time he heard the matter and delivered judgment.…

……………………………………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.…

…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.”…

…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.…

…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.…

…. … DEFENDANT 23/1/1991 Coram: SO Oguk – judge Plaintiff in person Mr Mithega for the defendant JUDGMENT The plaintiff’s claim against the defendant is for the transfer of a portion of land measuring 4½ acres out of Title…

…I find that the only piece of land that the plaintiff has, is only that small piece of land measuring 0.95 of an acre which in my judgment I find to have been given to him by his maternal uncle.…

…Applying those principles to the instant case, requires a look at the pleadings, proceedings and judgment in the former case, and a look at the pleadings and issues in the present case. What I find is this.…

…Whether a matter was directly and substantially in issue in a former suit is to be determined by a reference to the pleadings, the issues and judgment.…

………DEFENDANT 28/1/91 Coram: SO Oguk – judge Plaintiff in person Defendant - absent Court Interpreter – Murungi JUDGMENT The plaintiffs claim against the defendant in respect of land parcel No Abothuguchi/Kariene/69 measuring…

…The plaintiffs have not had any share of the family land and I now give them judgment against the defendant for the transfer of a portion of land parcel No Abothuguchi/Kariene 69 measuring 1.74 acres.…

…NO. 15 OF 1995) *********************** JUDGMENT OF THE COURT This is a second appeal on an interlocutory application.…

….……………………….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…

…NO. 119 OF 1992 *********************** JUDGMENT OF THE COURT The respondent does not seriously oppose the appellant’s 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.…

…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.…

…They are not to be unjust or show partiality in their judgments. They are not to be unjust or show partiality in their judgments”; they must always be fair and just.…

…In the Holy Qur’an too, the way decisions and judgment should be arrived at, is taught.…

…He has never been in possession of this land and in my Judgment, he will never be in possession of this land as this land has to revert to the Plaintiff the moment he deposits with the 1st Defendant's lawyers the balance…

…Orders Before the conditions set out in this Judgment are complied with, I issue an order of inhibition to be registered on land Title Number NTIMA/lGOKl/3749 so as to preserve the said land from changing hands to any third…