Judgment[1989] KECA 51
Case law
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Division and case type: CivilCivil Appeal
…The defendant applied to have the ex-parte judgment set aside.…
…Consequently several weeks later on the application of the respondents an ex parte judgment was entered against the appellant.…
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 Suit
…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…
Division and case type: CivilMiscellaneous Application
…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…
Division and case type: CivilCivil Case
…I am aware that under order 9A rule 10 and order 9B rule 8 the Court’s discretion to set aside a judgment entered ex parte is wide and unfettered but all the same that discretion must be exercised according to law in conformity…
…If that be correct then Ex Debito Justitiae the ex parte judgment must be set aside.…