Case law
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Division and case type: Employment and Labour Relations CourtClaim/Causes
…Thereafter, auctioneers proclaimed its assets in execution of the exparte judgment. 5.…
…The issues for determination are: - a) Whether or not the impugned judgment was irregular. b) Whether applicant has shown sufficient cause for setting aside the impugned judgment. Regular or irregular judgment 10.…
Division and case type: Employment and Labour Relations CourtPetitions
…It basically seeks the following orders: The Court be pleased to set aside and or review the consent order/judgment entered on 28th July 2023. That costs be provided for.…
…She maintains that the counsel misled her to signing documents which were contrary to the judgment of the court.…
Division and case type: Employment and Labour Relations CourtMiscellaneous Applications
…It has now become a performance standard in this jurisdiction that a Court should release or publicise a judgment or decision to the parties and Kenya Law Reports within 5 days of delivery. 9.…
…This Court does not understand why it has taken this long for the trial Court to release the judgment.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…It was submitted that the order of mandamus sought is directed at public officers who have failed to do their public duty of paying the judgment debt.…
…the judgment debt despite being served with a Certificate of Order against the Government.…
Division and case type: Appeals DivisionAppeals
…It was the Appellant’s submission that the decision of the trial court in refusing to set aside the ex parte judgment which was an irregular judgment as the summons, pleadings and Notice of entry of judgment were never served…
…Order 10 Rule11 gives the court power to set aside a default judgment which provides as follows; Where judgment has been entered under this Order the court may set aside or vary such judgment and any consequential decree…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…That the Garnishee are bankers of the Judgment Debtor with sufficient credit to settle the judgment debt, and the Garnishee order will enforce the judgment made on 28th January, 2021 and the interests of the Garnishee will…
…William Roman Mctough is liable for debts and other liabilities of the Judgment Debtor.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…That they did not act upon the judgment immediately since the judgment was served upon headteacher who no longer worked for them and that the said Head teacher while leaving the school did not notify the school of the said…
…judgment.…
Division and case type: Employment and Labour Relations CourtPetitions
…That the honourable court be pleased to review the judgment of the Hon Lady Justice M.…
…There is need to for the 1st Respondent change representation, after judgment f. The honourable court in paragraph 80 of its judgment declared that the 3rd Respondent was irregularly in office. g.…
Division and case type: Employment and Labour Relations CourtAppeals
…The application seeking a stay of execution was filed without delay and immediately after judgment by the trial court.…
…The respondents have a valid judgment and should be allowed to enjoy the fruits.…
Division and case type: Employment and Labour Relations CourtAppeals
…Having confirmed that the copy of the Judgment delivered on 23rd January, 2025 omitted the computation of House allowance as contended by the appellant/Applicant, the court perused the file copy of the Judgment and ascertained…
…that the computation had been inserted but not picked by the CTS during the uploading of the Judgment.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…THAT no appeal has been preferred against the said judgment. 9. THAT this application has been made without unreasonable and/or undue delay. 10.…
…THAT in view of the foregoing, there is good and sufficient cause for the review of the judgment. THAT it is in the interest of justice, that the said Judgment be reviewed and varied as prayed. Response 11.…
Division and case type: Employment and Labour Relations CourtPetitions
…It basically seeks the following orders: The Court be pleased to set aside and or review the consent order/judgment entered on 28th July 2023. That costs be provided for.…
…She maintains that the counsel misled her to signing documents which were contrary to the judgment of the court.…
Division and case type: Employment and Labour Relations CourtAppeals
…and the factors to be considered in determining whether to set aside the judgment, to urge the Court to set the default judgment aside.…
…What however, is not in dispute is that judgment was delivered on 9th November, 2023.…
Division and case type: Employment and Labour Relations CourtAppeals
…The Appellant being dissatisfied with the Judgment and /or Decision of Hon.…
…Odawo SRM) delivered its judgment on the 26th of September 2022 (unnumbered).…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…Spent Spent The Court be pleased to review and set aside the judgment dated 13th October 2022.…
…He states that he is prejudiced by the judgment and the threat of execution, which shall cause him substantial loss if allowed to proceed, as he had already paid almost half of the decretal sums before the judgment He states…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…Justice Rika) delivered a judgment on 12th February, 2024 in this matter awarding the Claimant a sum of Kshs. 1,489,930.80 together with interest and costs from the date of filing of the claim. 3.…
…The fact that money belonging to the judgment debtor is held in a bank account by order of the court, does not mean that the judgment creditor is not bound by the laws on execution of decrees.…
Division and case type: Employment and Labour Relations CourtAppeals
…The Appellants submit that Judgment on liability was conclusively entered on 22nd February, 2022 upon entry of the Interlocutory Judgment and therefore, the court was functus officio regarding the issue of liability. 10.…
…The Appellants’ assertion is that the Trial Court entered an interlocutory judgment and thus erred when it purported to vacate and/or set aside the judgment already entered. 15.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…Court’s discretion to set the judgment aside.…
…or after a judgment was delivered.…
Division and case type: Appeals DivisionAppeals
…Judgment was entered against the Appellant by Hon.…
…That the matter was previously handled by the firm of A.I Onyango up to judgment level and the rules and practice of representation require that an incoming law firm after judgment ought to either seek the leave of court…
Division and case type: Appeals DivisionAppeals
…of the judgment and typed proceedings for the purposes of filing appeal having been aggrieved by the part of the judgment of Hon.…
…The Respondent averred that having accepted the terms of the judgment and enjoyed the fruits thereof the Applicants could not be heard to reopen and revisit the judgment as doing so would greatly prejudice the Respondent…