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…Secondly, whether, in absence of the Judgment or a copy thereof, the applicant could have appreciated the reasoning and final decree to permit him or her to take the next cause of action.…

…That the Court considering the application does factor security for due performance of the decree.…

…Schofield, J) dated 16th December, 1982) Civil Suit No 65 & 513 of 1978 (Consolidated) _______________ RULING OF THE COURT HANCOX, J A It has been held, repeatedly, by this court that failure to include the formally drawn up decree…

…. ….RESPONDENT (Appeal from a judgment and decree of the High Court of Kenya at Mombasa (Wambiliyangah, J.) dated 21st November 1995 IN H.C.C.C. NO. 331 OF 1989) ************************ JUDGMENT OF TUNOI, J.A.…

…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…

…The land had been sub-divided by then with the consent of the Land Control Board because the decree had been executed. Nduhiu complained he had lost all his land without being heard.…

…He asked for orders that Mr Justice J S Patel’s ruling and orders be set aside, the ex-parte judgment of June 11, 1979 and its decree be set aside, Nduhiu be given leave to file a reply to the counterclaim and the suit be…

…REPUBLIC OF KENYA Court of Appeal, at Mombasa July 25, 1991 Gachuhi,Masime JJ A & Omolo Ag JA Civil Appeal No 144 of 1990 Kenya Breweries Ltd v Saro (Appeal from a Judgment and decree of the High Court at Mombasa, Githinji…

…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.…

…thirty days for filing an appeal from a Subordinate Court:- “excluding from such period any time which the lower Court may certify as having been Requisite for the preparation and delivery to the appellant of the copy of the decree…

…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.…

…I would therefore allow the appeal and set aside the order and decree of the High Court.…

…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…