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JOHN AKASIRWA
V.
ALFRED INAT KIMUSO

(2001) JELR 97763 (CA)

Court of Appeal 23 Mar 2001 Kenya
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Case Details

Suit Number:Civil Appeal 16 of 1999
Judges:Johnson Evan Gicheru JA Philip Kiptoo Tunoi JA Effie Owuor JA
Location:Kisumu
Other Citations:John Akasirwa v. Alfred Inat Kimuso [2001] eKLR

JUDGMENT OF THE COURT

In an application dated 8th December, 1997, and filed under the provisions of Orders 9A rule 10, 9B rule 8 and 21 rule 22 of the Civil Procedure Rules , the appellant herein sought to have the superior court set aside interlocutory exparte judgments entered against him on 22nd June, 1993 and 18th April, 1996, respectively. He also sought to have a defence he had annexed to the application to be deemed duly filed.

The grounds upon which the orders were sought were that he had only come to learn of the existence of a suit and the decree against him through a letter to the Land Registrar copied to him. He had never been served with summons to enter appearance in any suit. Upon perusal of the court file in respect of H.C.C.C. No. 258 of 1992, it transpired that the summons to enter appearance in the case was allegedly served on one Rose Wafula described as his wife in the endorsement at the back of the said summons. According to him, Rose Wafula was not his wife at the…

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