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…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, OMOLO & TUNOI, JJ.A) CIVIL APPLICATION NO. NAI 71 OF 1995 BETWEEN LAWRENCE ITUBE NGANGA PATRICK KINUTHIA NGANGA ..........................…

…RESPONDENT (Application for striking out a notice of appeal filed on 13th July, 1994 in an intended appeal from the judgment of the High Court of Kenya (Mr. Justice A.B.…

…Gatonyes oral application. The application was stood over to the 6. 10.98 but on that day. Mr. Gatonye applied for adjourment to get full 6.10.98 but on that day.…

…The application for adjournment was granted and so Mr. Rachi did not reply to Mr. Gatonye's oral application. Eventually Mr.…

…Gatonyes oral application. The application was stood over to the 6. 10.98 but on that day. Mr. Gatonye applied for adjourment to get full 6.10.98 but on that day.…

…The application for adjournment was granted and so Mr. Rachi did not reply to Mr. Gatonye's oral application. Eventually Mr.…

…The background of this application is as follows.…

…The learned Judge (Pall, J. as he then was) heard the two applications together.…

…That this application be heard inter-partes on 29.8.95. 4. That the costs of this application do abide the outcome of the application.…

…The application is opposed by the defendants who have filed their own application to strike out the Applicant’s application. They gave notice of legal objections.…

…The inordinate delay in the filing of the application for review. 3. Absence of any sufficient grounds.…

…In respect of the ground that there was no sufficient reason for granting the application for review Mr Gaturu’s submissions were levelled mainly on the following two matters: 1.…

…The learned judge ruled that the application for amendment was made in bad faith and that it was not shown how the amount of special damages was calculated.…

…As already pointed out the learned judge had appreciated the situation and had hence suggested an amendment application before he proceeded to dismiss the suit. Mr.…

…What was the consequence of non-disclosure of facts in an application for ex parte injunctions. Held Per Nyarangi JA 1.…

…The application was supported by two adavits sworn by Mr Epaminondas Saliarelis and Mr Theodore George Tsakiris.…

…That application was heard by Cockar, Muli and Omolo JJ A who dismissed it and held that in this case an appeal lies to this Court. That ruling was followed by an application for leave to appeal.…

…The application must be refused, with costs.”…

…Ibrahim were concerned with the Chamber Summons application filed along with the suit. Mr.…

…However improperly a defence may be on record, a judge in considering an application for setting aside an exparte judgment, has to look at the defence and consider its merits or demerits to enable him to decide whether or…

…By an application dated 1st May. 1990 and filed on 4th June, 1990, M/S.…

…It was ordered that the application be heard inter-partes on August 10 1988, on which date after the hearing inter-partes, the High court ordered that the ex parte order do remain in force and that the hearing interpartes…

…Every commentary which has ever been written on this much discussed section has emphasised the need for care and restraint in the application of the section.…

…We reiterate that those passages represent the correct principles in the application of the section. Mr.…