Judgment[1993] KEHC 171
Case law
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Division and case type: CivilCivil Appeal
…Even then a decision on setting aside an exparte judgment is entirely within the discretion of the presiding Court which discretion remains unfettered; See order IX A rule 10 of the Civil Procedure Rules which provides that…
…In this regard, the main concern of the Court is to do justice to the parties and it will not impose conditions on itself to fetter the wide discretion which the Civil Procedure Rules gives to it.…
Division and case type: CivilCivil Appeal
…This appeal arose from the appellant’s plaint having been struck out and dismissed on application by respondent under order VI rule 13 of the Civil Procedure Rules on grounds that: (a) It disclosed no reasonable cause of…
…Founding himself upon order VI rule 13 of the Civil Procedure Rules, he asked Aluoch, J to strike out Mr Kairiuki’s plaint because it disclosed no reasonabale cause of action, was frivolous and vexatious and was an abuse…
Division and case type: CivilCivil Appeal
…That the provisions of order XXXIX of the Civil Procedure Rules do not apply to this suit at all. A suit by a ratepayer must in law be by judicial review and not a plaint. (3).…
…An application should have been made by summons in chambers under order 1 rule 22 of the Civil Procedure Rules.…