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…REPUBLIC OF KENYA Njoroge v Prestige Air Services Ltd High Court, at Mombasa August 15, 1991 Wambilyangah J Civil Case No 204 of 1990 Civil Practice and Procedure – setting aside - default judgment – judgment in default of…

…defence – discretion to set aside such judgment – principles on which this discretion is exercised – where delay in filing defence was out of the defendant’s advocate’s mistake – whether justice required that default judgment…

………RESPONDENT Judgment. November 10, 1987, Nyarangi, Platt & Apaloo JJA delivered the following Judgment. This matter raises the question whether the court has jurisdiction to entertain it.…

……RESPONDENTS (Appeal from a judgment of the High Court of Kenya at Mombasa (Bhandari, J) dated October 13, 1983 In High Court Civil Case No 26 of 1983) ________________ JUDGMENT OF HANCOX, J A I have had the advantage of…

…reading in draft the judgment of Platt, Ag J A.…

…OF THE COURT November 12, 1985, Kneller, Nyarangi JJA & Platt Ag JA delivered the following Judgment.…

…Arguing the first ground of appeal, Mr Odero for the appellant referred to the judgment of the High Court and made the point that there is no mention of the appellant’s unsworn statement in the judgment and that the prosecution…

…The application for summary judgment should not be allowed as there are triable issues in the matter to be heard at the Business Premises Rent (sic) Tribunal. 2.…

…I said early that the proceedings in the Tribunal were filed exactly one year after the suit had been filed and only after the application for summary judgment.…

….……… RESPONDENT (Appeal from the judgment and order of the High Court of Kenya at Nairobi (Porter J) dated 20th December, 1988 in High Court Civil Case No 4758 of 1987) JUDGMENTS Nyarangi JA.…

…In my judgment on a true construction of sub-section (2) of section 9 of the Land Control Act, a sale agreement is an agreement for a controlled transaction.…

…LTD...............RESPONDENT (Appeal from a judgment of the High Court of Kenya at Nairobi (Lady Justice Aluoch) dated 25th day of February, 1987 in HCCC No 2539 of 1981) ********************* JUDGMENT OF THE COURT The appellant…

…The following is the relevant part of the judgment of the learned judge.…

…He said he was the beneficiary or an assignee of a judgment delivered on March 15 1982 by Muli, J in Nairobi High Court Civil Suit 1038 of 1974.…

…The respondent’s advocate filed his notice of appeal on March 18 1982 which is three days after Muli, J delivered his judgment so there was no dilly-dallying there.…

…On appeal to the High Court, the trial court’ judgment was reversed, so that the plaintiff generally succeeded in his original claim. Now the defendant appeals to this court.…

…The key to the judgment is the remark - “The parties must recognise the boundary fixed by the Land Registrar.”…

…Macharia v Mungai (Civil Appeal 85 of 1990) [1995] KECA 165 (KLR) (18 October 1995) (Judgment) G.K. Macharia & another v Lucy N.…

…Odd Jobs v Mubia [1970] EA 476 Statutes Civil Procedure Rules order XIV rule JUDGMENT 1.…

…It is observed that the order sought is the setting aside of a default judgment entered herein.…

…An application under Order IXA 10 and 11 of the Civil Procedure Rules is brought where judgment has been entered for non-appearance and/or default of defence.…

…In my judgment the belief that the Appellant entertained was reasonable. Its reasonableness is demonstrated by the fact that the scrap metal did fall into the tractor.…

…In Raden’s case Kwach JA cited an earlier paragraph from the judgment of Forbes V – P in Plotti v Acacia Co. 1959 EA 248 at p 251 where he cited this passage: “……………..…

…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.…

…A final judgment of a competent Court in any criminal proceedings which declares any person to be guilty of a criminal offence shall, after the expiry of the time limited for an appeal against such judgment or after the date…

…entry of judgment against their clients within 7 days.…

…They also indicated their intention of filing in court an application for summary judgment.…

…RESPONDENT (Appeal from the judgment/Decree of the High Court of Kenya (Justice Khamoni) dated 6th August , 1996 in H. C. C. C.…

…NO. 947 OF 1996) ************************* JUDGMENT OF THE COURT Having considered the submissions made on behalf of the parties herein, we allow the appeal and order that the deceased’s body be handed over to the appellant…

….……… APPELLANT AND REPUBLIC…………………………… RESPONDENT (Appeal from a judgment of the High Court of Kenya at Nairobi (Justice V.V. Patel) dated 10th August, IN H.C.CR.A.…

…NO. 442 OF 1995) ************************* JUDGMENT OF THE COURT We think the learned judge was perfectly within his rights to summarily reject the appeal under section 352(2) of the Criminal Procedure Code.…

……RESPONDENT (An appeal from the Judgment of the High Court of Kenya at Nairobi (Majanja J.), dated 30th May, 2014 in High Court Petition No. 380 of 2013) ****************** JUDGMENT OF THE COURT [1] The appellant, Aggrey…

…Secondly, that the High Court had no jurisdiction to review a decision of the Court of Appeal. [6] In his judgment the learned Judge of the High Court (Majanja J), noted that the judgment in Criminal Appeal No. 363 of 2006…

…RESPONDENT (Appeal from the judgment/Decree of the High Court of Kenya (Justice Khamoni) dated 6th August , 1996 in H. C. C. C.…

…NO. 947 OF 1996) ************************* JUDGMENT OF THE COURT Having considered the submissions made on behalf of the parties herein, we allow the appeal and order that the deceased’s body be handed over to the appellant…