Court decisions & case law

Judgment[1993] KECA 7521 January 1993

Bernard M. Mbithi v Mombasa Municipal Council & another

Court of Appeal at NairobiShields,JUDGE APPEALCase number Civil Appeal 3 of 1992

Division and case type: CivilCivil Appeal

This is one of the exceptions to the general rule that a party against whom an ex parte order has been made, can apply to the Court which made the order to set it aside. The Court of Appeal in England in the case of Cozens v North Devon Hospital Management Committee [1966] 2 All ER 799, held that althought it was a general principle in regard to ex parte orders that the party affected by the order could apply for it to be discharged, yet it would be contrary to the intention of the Limitatio

Appeal failsDismissed19 min read

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Bernard M. Mbithi v Mombasa Municipal Council & another