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….……… RESPONDENT (Appeal from a Judgment and decree of the High Court of Kenya at Kisii (Aganyanya, Ag J) dated the 18th June, 1982 In Civil Suit No 72 of 1979) JUDGMENT OF HANCOX, AG J A This is a very sad case in which the…

…The judgment and decree of Aganyanya Ag J are set aside, and as Hancox Ag J A agrees, a judgment and decree awarding the plaintiff general damages of Kshs 30,000 substituted. Dated at Kisii this 29th day of March, 1983.…

…We reproduce in full the order which was made on the even date: "ORDER OF THE COURT The record of appeal does not include a certified copy of the decree.…

…The last session of this Court at Nyeri saw fake decrees. Important documents and exhibits were withheld and not incorporated in the records of appeal.…

…That the delay is not inordinate and is excusable. d) That the delay is not in any event prejudi cial as the Respondent has also filed a Notice of Appeal. e) That the Applicants intend to appeal against the judgment and decree…

…Secondly, that there be a stay of the intended execution of the decree in this suit until further order of this court. Thirdly, that provision be made for the costs of the application.…

…The defendant refused to approve the decree saying it was not a liquidated amount and the registrar had no power to enter judgment in default.…

…Juma) dated the 27th day of June, 1996) in Civil Suit No.4173 of 1989) ************* JUDGMENT OF THE COURT This is an appeal by Samuel Ngure Gathii from a judgment and decree of the superior Court (Mr.…

…So much so that even if the defendant had failed to file its defence after being served with summons, it would be necessary for a formal proof of the claim for general damages to be done before a final decree could be entered…

…Order IXB rule 8 is in these terms: “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 may…

…The court has no discretion where it appears there has been no proper service; Kanji Naran v Velji Ramji (1954) 21 EACA 20: and the power to set aside the judgment does not cease to apply because a decree has been extracted…

…. …..RESPONDENTS (Appeal from the judgment and decree of the High Court of Kenya at Machakos (Hon. Mr. Justice J. L. A. Asiemo) dated 17th May, 1995 IN H. C. C. C.…

…I therefore make the following orders: - 1) The marriage solemnized herein between the parties at the Registrar’s office Nairobi on 8/3/1975 be and is hereby ordered to be dissolved. 2) The decree nisi shall issue forthwith…

…the respondents, as a result of the sale by the Bank, became the owners of, and acquired a valid title to, the land at Kabras/Bukusu/852, the initial action for eviction was brought in respect of Kabras/Bukusu/952 and the decree…

…...............................................3RD RESPONDENT (Application for extension of time for lodging a Notice of Appeal and Memorandum and Record of Appeal in the matter of an intended appeal from the judgment & decree…

…By its judgment and final decree of the superior court (Pall, J) given on 9th January 1998 the learned judge held, inter alia, that Kaplan & Stratton Advocates do pay:- (a) “the plaintiff (ie the first respondent) the costs…

…the petition under s 108 91) of the English Act (s 103 (1) of Kenya Act – Williams on Bankruptcy 18 th Ed p 48 last paragraph But it is duly the most exceptional circumstances that the court would go behind a judgment (Decree…

…appeal has been given or refused by the superior court immediately following the delivery of the decision against which it is desired to appeal, a statement that leave has been given or refused shall be included in the decree…

…That was a second appeal from the judgment and decree of the District judge of Jhansi wo reversed the judgment and decree of Jhansi who reservised the judgment and decree of Musif of Jhansi.…

…The Musif dismissed the suit but the judge decreed it.…

…170 OF 1986 BETWEEN OKONG’O...........................................................................APPELLANT AND ATTORNEY-GENERAL & ANOTHER..............................RESPONDENT JUDGMENT (Appeal from the Judgment and Decree…

…the respondents, as a result of the sale by the Bank, became the owners of, and acquired a valid title to, the land at Kabras/Bukusu/852, the initial action for eviction was brought in respect of Kabras/Bukusu/952 and the decree…

…...............................................3RD RESPONDENT (Application for extension of time for lodging a Notice of Appeal and Memorandum and Record of Appeal in the matter of an intended appeal from the judgment & decree…

…By its judgment and final decree of the superior court (Pall, J) given on 9th January 1998 the learned judge held, inter alia, that Kaplan & Stratton Advocates do pay:- (a) “the plaintiff (ie the first respondent) the costs…

…The respondent also produced a certified copy of the decree and a certificate of costs.…