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G K M vs R A M [2002] KEHC 309 (KLR)

[2002] KEHC 309 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
309
Citation
[2002] KEHC 309 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetitioner's Application to Set Aside Ex Parte Court OrderCoramJ.M. KHAMONI
Holding

The application is granted in terms of prayers number 3 and number 4.

Facts

The petitioner (G K M) filed a Chamber Summons dated 27th September 2002 seeking to set aside an exparte court order. The respondent (R A M) failed to appear in court.

Issues

  1. Justice and hardship
  2. Honesty in application
  3. Application of law in Shah v Mbogo & Another

Reasoning

Justice and hardship are considered, honesty is impressed upon the petitioner, and the court exercises discretion in favor of the petitioner.

Outcome

The application is granted.

Orders

  • Orders such as those granted on 4th July 2002 are granted following an Interpartes hearing where circumstances justify.

Authorities cited

Cases cited (1)
  • Shah v Mbogo & Another, Civil Case No. 1087/65 High Court Nairobi
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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