Case law
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Division and case type: CivilCivil Appeal
…That this act amounted to negligence on his part to warrant the dismissal of the application to set aside ex-parte judgment.…
…There are no limits or restrictions of the judge’s discretion to set aside an ex-parte judgment except that if he does vary any judgment he does so on such terms as may be just.…
Division and case type: CivilCivil Appeal
…He filed his action in the Court of the Bungoma District Magistrate on July 18, 1978, and later obtained an ex parte judgment against Wamunyama in default of appearance.…
…So Wamunyama applied to the Bungoma District Magistrate to set aside the ex parte judgment and was successful. He entered appearance and filed his defence.…
Division and case type: CivilCivil Appeal
…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…
…prior and subsequent, and all the respective merits of the parties together with any material factor which appears to have entered into the passing of the judgment, which would not or might not have been present had the judgment…