Mbothu & 8 others v Waitimu & 10 others [1993] KECA 56 (KLR)
- Court
- Court of Appeal
- Case number
- 56
- Citation
- [1993] KECA 56 (KLR)
- Decided
- 10 December 1993
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of order dismissing application to set aside ex parte judgmentCoramR.O. KWACH, A.K. AKIWUMI, P.K. TUNOI
Holding
Application allowed, stay of execution of decree and decision until hearing of intended appeal or further order
Facts
Ex parte judgment was obtained against applicants on February 1, 1993, ordering them to pay damages in excess of Shs 1,680,000/- with interest back-dated to December 8, 1983. Applicants sought adjournment and later applied to set aside the judgment, which was dismissed.
Issues
- Deprivation of opportunity to challenge quantum of damages
- Violation of procedural rules in issuing decree
Reasoning
Violation of procedural rules, deprivation of opportunity to challenge damages, and intention to make it difficult for applicants to challenge the award.
Outcome
Application granted
Orders
- Stay of execution of decree and decision until hearing of intended appeal or further order
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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