“"ex parte judgment"” — court decisions

Judgment[1983] KECA 7518 May 1983

Pithoni Waweru Maina v Thuka Mugiria

Court of Appeal at Nairobijudge reached High,judge March,JUDGE APPEALCase number Civil Appeal 27 of 1982

Division and case type: CivilCivil Appeal

…parte judgment was for hearing.…

…The suit was heard ex parte and judgment pronounced against the appellant.…

application is dismissedDismissed28 min read

Judgment[1999] KECA 10321 November 1999

JOHN KIPKEMBOI KILEL v s DIAMOND TRUST BANK (K) LTD

Court of Appeal at NairobiJUDGE APPEALCase number Civil Miscellaneous Application 314 of 1999

Division and case type: CivilMiscellaneous Application

…Consequently ex parte judgment in default of defence was entered on the application of the respondent, Diamond Trust Bank Kenya Ltd.…

…Subsequently the applicant moved the superior court for an order vacating the ex parte judgment.…

2 min read

Judgment[1997] KECA 26314 October 1997

Kenya Cement Marketing Limited v James G.K. Njoroge t/a Baraka Tools and Hardware

Court of Appeal at Nairobijudge should excused Mr,judge Mr,JUDGE APPEAL,Justice,James,Wamalwa,Wamalwa Mr,Ibrahim,Ibrahim asking MrCase number Civil Appeal 75 of 1997

Division and case type: CivilCivil Appeal

…We have to be careful when differing with a judge who has exercised his undoubted discretion not to set aside an ex-parte judgment.…

Judgment[1984] KECA 569 July 1984

Ngome v Plantex Company Ltd

Court of Appeal at NairobiGACHUHI,JUDGE APPEALCase number Civil Appeal 91 of 1983

Division and case type: CivilCivil Appeal

…applied to the same court, under rule 8 of the same order, to have the dismissal order set aside, but that application was dismissed and so was the appeal to the High Court (Gachuhi J) from the refusal to set aside the ex…

…parte judgment.…

suit is dismissedDismissed10 min read

Judgment[1986] KECA 3527 October 1986

James Nduhiu Macharia v Mwotia Macharia

Court of Appeal at NyeriTodd High,Cockar Nyeri,Cockar August,TODD,Todd led Nduhiu,JS Patel,Cockar,JUDGE APPEALCase number Civil Appeal 105 of 1985

Division and case type: CivilCivil Appeal

…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…

Judgment[1997] KECA 39817 August 1997

Solomon K. Njuguna v Kenya Savings & Mortgages Ltd & another

Court of Appeal at NairobiJUDGE APPEAL,Onyango,Khaminwa,KiageCase number Civil Appeal 53 of 1996

Division and case type: CivilCivil Appeal

…Considering the decision we have come to, the inevitable course is to allow the appeal, set aside both the ex parte order dismissing the appellant’s case and the ex parte judgment on the counterclaim.…

13 min read