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Kanwal Sarjit Singh Dhiman v. Keshavji Jivraj Shah

(2015) JELR 105419 (CA)

Court of Appeal  •  Civil Appeal 33 of 2007  •  31 Jul 2015  •  Kenya

George Benedict Maina Kariuki, Philomena Mbete Mwilu, Fatuma sichale



The appellant who was the defendant in HCCC No. 205 of 1999 filed a chamber summons application dated 16th November 2006 under the then O.IXA Rule 10 and O.XLIV Rule 1 of the Civil Procedure Rules. He sought several orders including the following:

The Honourable Court be pleased to review and set aside its ex-parte judgment of 16th June, 1999 and subsequent decree dated 16th September, 1999.

All consequential orders ensuing thereafter be set aside.

The defendant be granted leave to defend the suit out of time.

The chamber summons application was opposed and was heard by Kasango, J who in a ruling dated 18th December, 2006 dismissed the application. The appellant was aggrieved by the ruling and filed this appeal.

The relevant antecedent facts giving rise to this appeal as can be discerned from the pleadings are not contested. On 17th December, 1996, the respondent and the applicant entered into an agreement whereby the respondent agreed to lend a total sum of Shs.13,000…

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