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…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…

…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…

…That application was acceded to and interlocutory judgment was entered on March 13, 1986. On the same day the damages were assessed, and on April 8, 1986, judgment was given for Kshs 210,000.…

…If there are merits in the defence, it would be unjust not to allow them to be heard, even if judgment had been obtained regularly. On the other hand if there are no merits, judgment should stand.…

…ABDALLA OTIENO KITENGO ...............................APPLICANT AND REPUBLIC .......................................................RESPONDENT (An application for extension of time to lodge an appeal out of time from a Judgment…

…I see nothing of the sort in the judgment of the High Court.…

…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.…

…(Appeal from the High Court at Kisumu, Porter J) May 3, 1988, Platt, Apaloo JJA & Masime Ag JA delivered the following Judgment.…

…This review followed one before Scriven, J himself, in which he refused to alter his judgment.…

….……............DEFENDANTS JUDGMENT The plaintiff herein sued the defendants seeking damages arising from an accident in which they sustained while traveling in the defendants’ motor vehicle driven by the defendants, their…

…at court rates from the date of judgment until payment in full. 3. 3 rd Plaintiff – Rachel Wanjira Kamau General damages for pain, suffering and loss of amenities Kshs 45,000/- with interest at court rates from the date…

…RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Kisumu (Justice Kuloba) dated 31st March, 1995 in H.C.CR.A.…

…NO. 41 OF 1994) *************** JUDGMENT OF THE COURT We think no matter of law is raised before us in this appeal. The trial magistrate found as a fact that the appellant and the respondent knew each other.…

….………..RESPONDENT JUDGMENT June 9, 1987, Gachuhi JA delivered the following Judgment. This is an application by way of Notice of Motion for leave to file an appeal to this court out of time.…

…Before one can file an appeal, one has to file a notice of appeal within 14 days form the date of the judgment. The applicant has not filed a notice of appeal.…

…RESPONDENT ((Appeal from the Judgement/Ruling of the High Court of Kenya at Kisumu (Omolo J) dated 30th May, 1989 in High Court Civil Case No 215 of 1987) JUDGMENT Judgment of Hancox CJ. 1.…

…The emphasis, as elsewhere in the quotations in this judgment, is mine.…

…That there be a stay of execution of the court’s judgment pending the hearing of this application. 3.…

…That the applicant has demonstrated that he has shown various reasons as to why they want the consent judgment set aside.…

…GATHOGO NJUGUNA............................1ST APPELLANT PAUL MUTURI MWANGI........................................ 2ND APPELLANT AND REPUBLIC.......................................................................RESPONDENT JUDGMENT…

…May 24 1988 Torgbor J delivered the following Judgment.…

…CRIMINAL APPEAL NO. 148 OF 1985 BETWEEN ANZAYA.................................................APPELLANT AND REPUBLIC..........................................RESPONDENT (Appeal from the High Court at Kakamega, Aganyanya J) JUDGMENT…

…We have carefully studied the judgment but we are satisfied that, taken as a whole, the judgment shows that the magistrate did not err as regards the burden of proof and that the only interpretation of his judgment is that…

…As a result of this document the plaintiff/applicant through his counsel Njuguna & Co, Advocates filed an application on 21st April 1992 to pray for entry of judgment against the defendant/respondent in the sum of Kshs 67,900…

…On this basis, therefore, the plaintiff/applicant prayed for entry of judgment under order 12 rule 6 of the Civil Procedure Rules.…

….………..RESPONDENT JUDGMENT In 1979 Simon Odinga entered into an agreement of sale of his parcel of land Butsotso/Indangalasia/355 with Charles Sande. The entire parcel of land comprised 11.5 acres.…

…The trial magistrate after considering the evidence, gave judgment for the plaintiff.…

…In her judgment the learned trial magistrate did not give judgment to applicant for this sum already paid which would have attracted costs. Secondly, there is no mention that the trial was for the balance of 4,000/=.…

…In the premises, I find that the learned trial magistrate erred by not giving appellant judgment for 7,000/= which had been admitted and paid plus interest at court rates.…

…that the judgment is wrong.…

…He hoped that the trial judge would listen to him, re-hear the case and give the appellant his own judgment upon the evidence.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISUMU CIVIL CASE NO 80 OF 1985 JOHN HAYO OWUOR.....................................PLAINTIFF VERSUS ATTORNEY GENERAL & 2 OTHERS..........DEFENDANT JUDGMENT The plaintiff, John…

…Hayo Owuor, filed this suit against the Hon Attorney General, the Officer in Charge GK Prison Kodiaga (Main) and the Deputy Registrar High Court of Kenya, Kisumu praying for judgment against the defendants generally and…

…………APPELLANT V REPUBLIC…………………………………..RESPONDENT JUDGMENT Appellant was convicted for possession of changaa and sentenced to 18 months imprisonment. No analyst was called to prove the content of the jerrycan as changaa.…