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…………RESPONDENT (Appeal from the Ruling and Decree of the High Court of Kenya at Nairobi of the Honourable Mr Justice Tank dated 29th April, 1992 in High Court Civil Case No 670 of 1992) JUDGMENT The issue for determination…

…operation costs : Kshs 190,000/= (c ) Loss of earning to that date: Kshs 475,000/= (d) Loss of diminished earning capacity: Kshs 1,500,000/= (e) Special damages: Kshs 132,008/70 Total: Kshs 2,897,008/70 On 23rd January, 1992 a decree…

…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…

…RESPONDENTS (Appeal from a Judgment and Decree of the High Court of Kenya at Mombasa (Mr Justice Bosire) dated 17th October, 1989 in HCCC No 172 of 1987) JUDGMENT This appeal was very well argued by counsel on both sides.…

…satisfied that substantial loss may result to the applicant unless the order is made and that the application has been made without unreasonable delay; and (b) such security as the Court orders for the due performance of such decree…

…No. 73: Decree given on 14.6.84 and issued on 30.4.85. Doc. No. 74: Settlement, Agreement between the bank and 3rd plaintiff dated 4.1.85. Doc.…

…and that each plaintiff satisfied the decree.…

…(c) that no decree of divorce has been made. (d) that the objector is entitled to inherit the estate of the deceased with her children in equal shares with the petitioner herein.…