Case law
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Division and case type: GeneralUnclassified
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: LAKHA, J.A. (IN CHAMBERS) CIVIL APPLICATION NO.
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.