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…Subsequently a decree was drawn up and issued.…

…compromise of suits” the following passage is found:- “It would seem that the proper procedure in cases where forfeiture clause is in the form ... is to enforce the forfeiture not by an application to execute the consent decree…

…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…

…NANGURAI (AS PERSONAL REPRESENTATIVE OF HARRY LEWIS NANGURAI, NOW DECEASED)......................RESPONDENT (Appeal from the Decree/Judgment of the High Court of Kenya at Nairobi (Hon. Mr.…

…. ….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 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/Decree of the High Court of Kenya (Justice Khamoni) dated 6th August , 1996 in H. C. C. C.…

…No. 17 of 1993) *************** ORDER OF THE COURT The record of appeal does not include a certified copy of decree as is mandatorily required by rule 35(1) (b) of the rules of this court.…

…RESPONDENT (Appeal from the judgment/Decree of the High Court of Kenya (Justice Khamoni) dated 6th August , 1996 in H. C. C. C.…

…Pall) dated 17th October, in CIVIL CASE NO.1804 OF 1985) ***************** RULING OF THE COURT The record of appeal does not include a certified copy of the decree appealed against.…

…RESPONDENT (Application for extension of time to file an intended appeal from the Judgment & Decree of the High Court of Kenya at Nairobi (Justice Juma) dated 7th November, 1996 in H.C.C.C.…

…RESPONDENT (Being an appeal from the Judgment and Decree of Hon. J. Ong’ondo, RM in Principal Magistrates Court at Homa Bay in Civil Case No. 12 of 2011 dated 22nd September 2011) JUDGMENT 1.…

…The appellant (“the Bank”) has appealed against the following decree issued by the subordinate court; 1.…

…1996 and lodged in this Court on the same day, the respondent sought to have the appellant’s appeal struck out as being incompetent for the reason that the record of the said appeal does not contain a certified copy of the decree…

…1996 and lodged in this Court on the same day, the respondent sought to have the appellant’s appeal struck out as being incompetent for the reason that the record of the said appeal does not contain a certified copy of the decree…

…In the result, this appeal is allowed, the judgment and decree of the Resident Magistrate is set aside and substitute therefor an order dismissing the respondent’s claim with costs.…

…It is therefore plain beyond argument that there was no concluded agreement both in fact and in law between the appellant and the Porbunderwallas which could be enforced by a decree for specific performance.…

…In the result, I would allow this appeal, set aside the judgment and decree of Mwera J and substitute therefor an order dismissing the respondent’s suit with costs.…

…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…

…has power under section 79B of the Civil Procedure Act, to peruse the record of an appeal presented to it before the appeal is heard, and if the judge ‘considers that there is no sufficient ground for interfering with the decree…

…Section 79B of the Civil Procedure Act empowers the High Court summarily to dismiss an appeal where the judge considers that there is no sufficient ground for interfering with the decree appealed from.…

…decision of the High Court was struck out by this court on 8th October, 1995, on the ground that the related record of appeal did not, as mandatorily required by the Rules of this court, contain a certified copy of the decree…

…It would I think, if the present advocate of the Applicant, had been the same that had failed to include a certified copy of the decree in the record of appeal in the appeal which had earlier been struck out and also if the…

…MUNGAI..............................................................................................RESPONDENT (Application for leave to appeal out of time in an intended appeal from the judgment and decree of the High Court…