Case law
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Division and case type: CivilCivil Appeal
…discretion remains unfettered; See order IX A rule 10 of the Civil Procedure Rules which provides that – “Where judgment has been entered under this Order the Court may set aside or vary such judgment and any consequential decree…
…Ultimately I would allow this appeal, set aside the lower court’s order and remit the case back to the same Court to be heard by another magistrate of competent jurisdiction with leave to appellant to file decree and defend…
Division and case type: CivilCivil Appeal
…This was followed by a decree and thereafter attachment and sale warrants were issued against the defendants to be executed by M/s Truckers Auctioneers.…
…As far as that judgment concerns Mwika, it will be set aside together with all consequential orders and decree. This means that Mwika now escapes the said judgment that has caught his partner, Solomon.…
Division and case type: CivilCivil Suit
…A decree was drawn and signed by the Deputy Registrar and Execution process set in motion. There were attachments made in the execution of the decree in part.…
Division and case type: CivilCivil Case
…Contracts relating to land differ greatly from contracts respecting most goods because the land may have a peculiar value to the purchaser where conditions are satisfied - the court will therefore almost invariably decree…
Division and case type: CivilCivil Appeal
…A decree nisi willissue to become absolute six months’ hence. Each party to bear his/her own costs. Dated and Delivered at Eldoret this 25th Day of January, 1989 D.K.S. AGANYANYA ……………………. JUDGE…