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…In my judgment the belief that the Appellant entertained was reasonable. Its reasonableness is demonstrated by the fact that the scrap metal did fall into the tractor.…

…In Raden’s case Kwach JA cited an earlier paragraph from the judgment of Forbes V – P in Plotti v Acacia Co. 1959 EA 248 at p 251 where he cited this passage: “……………..…

….................................APPELLANT AND KINENI FARMERS CO-OPERATIVE SOCIETY LIMTED.......................................1ST RESPONDENT SAMWEL NYARUNDA................................2ND RESPONDENT (Appeal from a judgment…

…NO.535 OF 1991) ******************** JUDGMENT There is no certified copy of the order appealed against before us. The appeal is therefore incompetent being in breach of rule 85(1)(h). It is hereby struck out.…

….….RESPONDENT (Appeal from the Judgment and decree of the High Court of Kenya at Nairobi (Justice Githinji) dated 11th May, 1995 IN H. C. C. C.…

…98 MACHARIA KARUGU I ......................................APPLICANT AND CHEGE MACHARIA .........................................RESPONDENT (Application for extension of time to file Notice and Record of Appeal from the Judgment…

…The judgment which is intended to be appealed against was given on 13th October, 1997 and no notice of appeal was filed within the time prescribed. Even on the basis of Mr.…

….................................. 1ST RESPONDENT MONICA MOI RITHO ................................. 2ND RESPONDENT (An application for extension of time to file Notice of Appeal out of time in an intended appeal from a Judgment…

…. …….RESPONDENT (Appeal from a judgment and decree of the High Court of Kenya at Mombasa (Justice Wambilyangah) dated 7th December, 1994 IN H.C.C.C.…

…APPELLANT AND KENYA NATIONAL TRADING CORPORATION .........RESPONDENT (Application for extension of time to file appeal in an intended appeal from a judgment and decree of the High Court of Kenya at Nairobi (Justice Githinji…

…The case was then heard and on 20th May 1994 Githinji J delivered judgment which has given rise to the present appeal.…

…In my judgment this appeal succeeds only on this one ground. I had the advantage of reading in draft the judgments of my Lords Kwach and Akiwumi and I am in entire agreement with them.…

…. …….RESPONDENT (Appeal from a judgment and decree of the High Court of Kenya at Mombasa (Justice Wambilyangah) dated 7th December, 1994 IN H.C.C.C.…

…Applicant knew everything all along i.e. the debt, the judgment in a civil suit giving rise to these proceedings, notice, petition and the hearing.…

…Khanna for EABS submitted at the hearing of the application that the superior court had no jurisdiction to order the matter to be heard de novo; that the applicant had no remedy and that he should accept the judgment as it…

…Thereafter, the tenants/appellants applied under Section 80 of the Civil Procedure Code and Order XLIV – Civil Procedure Rules for review of its judgment on the ground that the High Court had no jurisdiction to hear the appeal…

…ANG’AWA JUDGE 5.7.93 Court as before Judgment read in court. Exhibit to be returned to depot. Except Exhibit D1. M. A. ANG’AWA JUDGE 5.7.93 Date: 1/10/93 Coram: Before Hon. Lady Justice M. A.…