Case law
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Division and case type: CivilCivil Case
…REPUBLIC OF KENYA Njoroge v Prestige Air Services Ltd High Court, at Mombasa August 15, 1991 Wambilyangah J Civil Case No 204 of 1990 Civil Practice and Procedure – setting aside - default judgment – judgment in default of…
…defence – discretion to set aside such judgment – principles on which this discretion is exercised – where delay in filing defence was out of the defendant’s advocate’s mistake – whether justice required that default judgment…
Division and case type: CivilCivil Appeal
……RESPONDENTS (Appeal from a judgment of the High Court of Kenya at Mombasa (Bhandari, J) dated October 13, 1983 In High Court Civil Case No 26 of 1983) ________________ JUDGMENT OF HANCOX, J A I have had the advantage of…
…reading in draft the judgment of Platt, Ag J A.…
Division and case type: CivilCivil Case
…The application for summary judgment should not be allowed as there are triable issues in the matter to be heard at the Business Premises Rent (sic) Tribunal. 2.…
…I said early that the proceedings in the Tribunal were filed exactly one year after the suit had been filed and only after the application for summary judgment.…
Division and case type: CivilCivil Appeal
…In my judgment it was established that the tanker came over on to the Renault’s side of the road. On the evidence the respondent had about one minute in which to avoid the accident.…
…The judgment of the honourable trial judge has occasioned a failure of justice and or resulted in a gross miscarriage of justice. 11.…
Division and case type: CivilCivil Case
…REPUBLIC OF KENYA Dola v Attorney General High Court, at Mombasa August 27, 1992 Omolo J Civil Case No. 327 of 1989 August 27, 1992, Omolo J delivered the following Judgment.…
…By the time I started on this judgment (6th August, 1992) I had not seen any submissions from counsel for the Defendant. I take it that she has none to make.…
Division and case type: CivilCivil Case
…entry of judgment against their clients within 7 days.…
…They also indicated their intention of filing in court an application for summary judgment.…
Division and case type: CivilCivil Case
…REPUBLIC OF KENYA Jefa v Kenya Ports Authority High Court, at Mombasa June 9, 1992 Omolo J Civil Case No. 721 of 1988 June 9, 1992,Omolo J delivered the following Judgment.…
Division and case type: CivilCivil Appeal
…In my judgment the belief that the Appellant entertained was reasonable. Its reasonableness is demonstrated by the fact that the scrap metal did fall into the tractor.…
…In Raden’s case Kwach JA cited an earlier paragraph from the judgment of Forbes V – P in Plotti v Acacia Co. 1959 EA 248 at p 251 where he cited this passage: “……………..…
Division and case type: CivilCivil Case
…From the diametrical rival positions of the litigants the hearing of the case by the Court and the Court’s judgment was the only possible solution.…
…On the same day a judgment was entered by the Court on the terms of that letter.…
Division and case type: CivilCivil Case
…Statutes Government Proceedings Act, (cap 40) section 12 October 28, 1985, Bhandari J delivered the following Judgment.…
…There shall therefore be judgment for the plaintiffs and against the defendants jointly and severely in the sum of Kshs 17,105 plus costs and interest. October 28, 1985 Bhandari J…
Division and case type: CivilCivil Appeal
…BULEMI.........................................................APPELLANTS AND SAMSON LUWAYI...........................................................RESPONDENT (Appeal from a judgment/order of the High Court of Kenya at…
…Kakamega (Aganyanya , J.) dated 29th day of May, in Civil Appeal No. 22 of 1985) * ****** JUDGMENT OF NYARANGI J.A.…
Division and case type: CivilCivil Appeal
…CIVIL APPEAL NO. 33 OF 1995 BETWEEN MWITA MERENGO………………………….APPELLANT AND WEREMA MERENGO………………….RESPONDENT (Appeal from the judgment/order of the High Court of Kenya at Kisii (Mabaluto , J.) dated 14th September, 1994 IN…
…CASE NO. 330 OF 1991) ************************** JUDGMENT OF COURT The award filed in the superior court on 7th December, 1992 was not signed by all the persons who made it as is required by rule 10 of Order XLV of the Civil…
Division and case type: CivilCivil Appeal
…Court at Kakamega (Mbogholi J) dated 12th day of October, 1989 in HCCC No 106 of 1987 (OS)) JUDGMENT JUDGMENT OF Gicheru JA.…
…JUDGMENT OF Cockar Ag JA.…
Division and case type: CivilCivil Appeal
…Mugogo v Sihowa (Civil Appeal 39 of 1986) [1988] KECA 101 (KLR) (19 January 1988) (Judgment) Mugogo v Sihowa [1988] eKLR Neutral citation: [1988] KECA 101 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CIVIL APPEAL…
…RESPONDENT (Appeal from the judgment of the High Court at Kisumu, Butler-Sloss J) JUDGMENT 1.…
Division and case type: CivilCivil Appeal
…RESPONDENT (appeal by the defendant against the judgment entered by Aganyanya J. on 31st July, 1936 in Civil Appeal No 90 of 1985 of High Court of Kakamega) JUDGMENT Judgment of Nyarangi JA. 1.…
…That was followed by a formal proof and a judgment after the proof. The defendant applied to have the ex-parte judgment set aside.…
Division and case type: CivilCivil Appeal
…Ako v Special District Commissioner Kisumu & another (Civil Appeal 27 of 1989) [1989] KECA 50 (KLR) (19 June 1989) (Judgment) Ako v Special District Commissioner Kisumu & another [1989]eKLR Neutral citation: [1989] KECA 50…
…Under section 9(3) of the Law Reform Act (cap. 26) leave shall not be granted unless application for leave is made inside six months after date of judgment.…
Division and case type: CivilCivil Appeal
…and Decree of the High Court at Kakamega, Gicheru J)) JUDGMENT Judgement of Gachuhi JA . 1.…
…There is no form of trust that can be inferred after the judgment, unless it was embodied in the judgment.…
Division and case type: CivilCivil Appeal
…OF KENYA LIMITED ..............RESPONDENT (Appeal from the ruling and subsequent decree of the High Court of Kenya at Mombasa (Justice Wambilyangah) dated 23rd March, 1994 in HCCC No 17 of 1993) *********************** JUDGMENT…
…On the question of what judgment was given, we are satisfied the judge could only and must have entered judgment for the sum of Shs 428,871/30 which was the sum claimed in the plaint.…
Division and case type: CivilCivil Appeal
…RESPONDENT (Appeal from a Judgment of the High Court at Kakamega, Aganyanya J) JUDGMENT Judgment of Nyarangi JA 1.…
…Judgment of Gachuhi JA. 1. I also agree that this appeal should be dismissed.…
Division and case type: CivilCivil Case
…It is that judgment which the defendants now ask the Court to set aside.…
…Judgment was regularly obtained against him and I see no reason for setting aside that judgment.…