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SALIM KHAN & MRS. NASREEN KHAN T/S KENHILL AGENCIES v. NATIONAL BANK OF KENYA LIMITED

(1995) JELR 93794 (CA)

Court of Appeal  •  Civil Appeal 164 of 1994  •  24 Mar 1995  •  Kenya

Coram
Johnson Evan Gicheru, Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi

Judgement

JUDGMENT OF THE COURT

By a notice of motion dated 24th January, 1994 the appellants (the defendants in H.C.C.C. No. 266/93) sought orders that the superior court do review its orders made on 17th January, 1994 wherein the appellants' defence was struck-out and judgment entered for the respondent together with costs and interests; and, that the said orders be set aside and the application dated 1st November, 1993 be heard inter partes. In his ruling delivered on 4th July,1994 the learned judge observed, and correctly so in our view, that the supporting affidavit showed that what the applicants (and five others whose applications had been consolidated) were seeking was not a review on the grounds set out in Order 45 of the Civil Procedure Rules but the setting aside of the ex-parte judgment on the grounds of non-attendance at the hearing of the applications. The learned judge decided in the interest of justice to treat the applications as those for setting aside the summary judgments und…

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