Judgment[1997] KECA 263
Case law
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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.…
…However, we are far from saying that in order to enable a judge to exercise his discretion to set aside an ex-parte judgment the two factors so far gone into by us that is (1) that the court should be satisfied that there…
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…
…prior and subsequent, and all the respective merits of the parties together with any material factor which appears to have entered into the passing of the judgment, which would not or might not have been present had the judgment…