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…NO. 1127 OF 1995) JUDGMENT OF THE COURT: Arising from his refusal to set aside his judgment dated 20th May, 1998, Kuloba, J. in his ruling in an application by the respondent for review of the said refusal said in totality…

…Rules for the review of the ruling refusing to set aside the aforementioned judgment.…

…If, however, at the passing of the decree the judgment debtor is within the precincts of the court, the holder of a decree for payment of money may apply orally for immediate execution of it by arrest of the judgment-debtor…

…in execution of a decree and the reason is because the decree-holder has his judgment and decree and he must satisfy it before the judgment debtor disposes of his movable property.…

…Judgment could only have been entered upon a formal proof.…

…The entry of such interlocutory judgment was irregular as Order IXA of the Civil Procedure Rules does not cater for entering of an interlocutory judgment when the nature of reliefs sought requires formal proof.…

…Rule 8 of order IXB says that: “Where judgment has been entered under this Order the court, on application by summons, may set aside or vary such judgment and any consequential decree or order upon such terms as are just.…

…Rule 4(1) does not say “judgment shall be entered for the defendant or against the plaintiff.” It uses the word “dismissed.” The Civil Procedure Act does not define the word “judgment”.…

…1989, Tanui J delivered the following Judgment.…

…judgment was recorded.…

………RESPONDENT JUDGMENT Richard Saidi the appellant in this case sued Sembi Motors on November 16, 1983 in the resident magistrate’s court at Kakamega.…

…In his judgment the trial magistrate found that on a balance of probabilities the appellant failed to prove his case and dismissed it with costs.…

…August 9, 1985, Gachuhi J delivered the following Judgment.…

…In the case of Magon v Ottoman Bank [1968] EA 156, Duffus JA, as he then was, in a case of setting aside ex parte judgment at page 158 letter F, stated: “Rule 10, by virtue of which the judgment has been set aside, does give…

…That on perusal of the Judgment, the applicant is aggrieved with the entire Judgment and desirous of lodging an appeal. (4).…

…Two issues come into play first whether the applicant had sufficient notice of existence of the Judgment and the outcome of the claim.…

…It may be that the magistrate failed to appreciate these substantial defects in the evidence because of his incorrect approach to it, the form of his judgment and the defence.…

…The judgment failed to comply with the provisions of Section 169(1) of the Criminal Procedure Code which requires every judgment to contain the point or points for determination, the decision thereon and the reasons for the…

…In a supporting affidavit sworn by Mr Wandaka the advocate who had the conduct of the suit, it is deponed that the applicant’s firm of advocates applied for proceedings and judgment on June 5, 1986, two days after the judgment…

…A number of points derived from a certificate of delay filed pursuant to the proviso to rule 81(1) make it clear that certified proceedings and judgment became available on November 17, 1986 and that the time required for…

…s judgment was considered by the learned Judge in what purports to be a 19 page somewhat confusing judgment instead of a ruling.…

…In her "judgment" the learned judge relied upon the judgment of Madan J.…

…It is clear that when the applicants came to know of the judgment it was their clear intention to appeal against that judgment of the superior court.…

…This was a clear demonstration that the appellants’ intention was to appeal right from the time the applicants came to know of the judgment.…

…It is obvious that the Plaintiff has based its claim on the Judgment mentioned earlier. It is that Judgment that it alleges to have interfered with its rights as mortgagee.…

…If it was not for that Judgment, the Plaintiff would have agitated its claim as mortgagee with reference to that Judgment.…

…RESPONDENT (Appeal from a Judgment and decree of the High Court of Kenya at Meru (Justice S.O. Oguk) dated 12th July, 1990 in H.C.C.…

…At the hearing of the application it was not shown to the satisfaction of the learned single judge that judgment had so been entered.…

…of the proceedings in which the judgment was given, the insurer had notice of the bringing of the proceedings”.…

…any sum payable thereunder in respect of the liability, including any amount payable in respect of interest on that sum by virtue of any enactment relating to interest on judgments.”…

…He said theapplicants have always frustrated execution of the judgment of the ResidentMagistrate, Eldoret and Mead, J's appeal judgment of 1981.…

…A review should, normally, under the relevant Rules, go before the Judgewhose judgment or order is to be reviewed.…

…The condition was, essentially, that the Judgment-Debtor deposits the decretal sum (calculated at KShs. 14,203,040/50 as at 12th November, 2008) in an interest–earning account (to be opened in the joint names of the advocates…

…The Judgment-Debtor has now come back to court by notice of motion dated 27th October, 2008.…

…Potter JA, stated in his judgment – “In his Ruling Simpson, J (as he then was) observed that the facts material to the application for judgment were expressly or impliedly admitted in the defence and that the defendants relied…

…entitling the plaintiff to judgment.…

…However as summons was served on the defendant, and as no appearance was entered, the interlocutory judgment entered on 15th March, 1996 was a regular judgment and Mr.…

…We have to be careful when differing with a judge who has exercised his undoubted discretion not to set aside an ex-parte judgment.…