Case law
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Division and case type: CivilCivil Appli
both only saythat appeal lies to the Court of Appeal as of right from adecision of the High Court on order given under prerogativeorders. The application is supported by the affidavit of JonahKip Ngeno, a State Counsel in Mombasa sworn on 24-9-98.
Division and case type: CivilCivil Appeal
that the learned trial Judge improperly exercised his discretion in declining to set aside his order dismissing the appellants case and the ex parte judgement. In the result we allow the appeal, set aside both the ex parte order of dismissal and he ex parte judgement on the counterclaim and order that the claim and the counterclaim do proceed to hearing in the superior court.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CIVIL CASE NO 767 OF 1987 CITY SERVICE STATION……............….……….. APPLICANT VERSUS JAMRECK PETER NJUGUNA …...………...… RESPONDENT RULING This is an application by the defendant in the suit that the ex-parte judgment entered against him on 25/2/88 be set aside on the grounds that he was never served with summons to enter appearance and that he does not owe the plaintiff the sum claimed.
Division and case type: CivilCivil Appeal
United India Insurance Co Ltd Kenindia Insurance Co Ltd & Oriental Fire & General Insurance Co Ltd v East African Underwriters (Kenya) Ltd Court of Appeal, at Nairobi January 17, 1985 Madan, Kneller & Hancox JJA Civil Appeal No 36 of 1983 (Appeal from the High Court at Nairobi, Platt J, ) Cases Commonwealth & C. 191 The Fehmarn [1957] 1 Lloyds Law Reports 551 Eleftheria [1969 Lloyds Law Reports 237 The Chaparral [1972 2 Lloyds Law Reports 315 Universal Ltd.