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…The learned magistrate discounted the interlocutory judgment in the following terms: “27. I note that from the record, interlocutory judgment was entered.…

…In the appellant’s case, there was no application to set aside the interlocutory judgment and, therefore, there was no basis upon which the court could possibly exercise its discretion and set aside the interlocutory judgment…

…In effect, the appellant is not contesting that an amendment can be made after interlocutory judgment is entered but that the interlocutory judgment has to be set aside first.…

…the interlocutory judgment on its own motion in the ruling. 23.…

…Notably, there are different opinions on whether liability ought to be proved when interlocutory judgment has been entered. In the case of Samson S.…

…In the case of Felix Mathenge vs Kenya Power & Lighting Company Ltd [2008] KECA 297 (KLR) , the court therein held that the role of the court after entering interlocutory judgment was only to assess damages since interlocutory…

…The prayers sought by the appellants in their plaint do not entitle them to an interlocutory judgment in any event. As pointed out there was no liquidated demand.…

…The entry of such interlocutory judgment was irregular as Order IXA of the Civil Procedure Rules does not cater for entering of an interlocutory judgment when the nature of reliefs sought requires formal proof.…

…that the said interlocutory judgment was final in respect to the aspect of liability.…

…Indeed, the Court of Appeal has since held and settled that once an interlocutory judgment is issued, the question of liability becomes a foregone conclusion and that the role of the court after entering the interlocutory…

…Consequently, the Plaintiffs moved the court for interlocutory judgment.…

…On whether the learned trial magistrate erred in law and fact by setting aside the interlocutory judgment and dismissing the suit suo motu during a formal proof hearing, the court notes that an interlocutory judgment is not…

…Execution of the decree by the Respondent caused the Appellants to lodge an application dated 04.02.2022 seeking to set aside interlocutory judgment entered against it.…

…Advocates that there was an interlocutory judgment against their client or that the matter was coming up for hearing mention or judgment. 10.…

…On whether interlocutory judgment can be entered in a declaratory suit . it is trite law that interlocutory judgment is only entered in suits where the claim is liquidated and not unliquidated claims .…

…A declaratory suit is unliquidated by nature and thus an interlocutory judgment cannot be entered on it and the suit ought to have been fixed for formal proof .…

…There is already interlocutory judgment as against the 2nd defendant and in any event the argument and holdings above applies to them mutatis mutandis. 21.…

…judgment of 1st November 2022.…

…It is submitted that the i interlocutory judgment against the Applicant was delivered on 12/02/2025.…

…This appeal is against the ruling dismissing the applicants; application to set aside the interlocutory judgment.…

…The Respondent has proceeded to state that an interlocutory judgment was entered on 20.03.2025 and the matter was scheduled for formal proof.…

…That even so, the Applicant was served with a copy of the interlocutory judgment coupled with a notice of formal proof hearing via his WhatsApp mobile number.…

…THAT the Honourable Court be pleased to set aside the Interlocutory judgment entered on 11 th September 2025. 4.…

…The only issue for determination is whether the interlocutory judgment entered on 11 th September 2025 should be set aside. 15.…

…She maintains that summons were properly served through the email address supplied by the Appellant in the loan agreement, rendering the interlocutory judgment regular.…

…The Memorandum of Appeal challenges the findings on electronic service, the regularity of the interlocutory judgment and the refusal to exercise discretion in favour of setting it aside.…

…The remaining prayer seeks to set aside the interlocutory judgment and leave to defend the suit unconditionally upon re-opening of the suit for hearing de novo . 31.…

…judgment. 36.…

…The respondents though served did not enter appearance and interlocutory judgment was entered as against them and the only issue pending determination was assessment of quantum by way of formal proof.…

…Interlocutory judgment was therefore entered as against them on 31.07.2023. The issue of liability was therefore effectively settled.…

…On whether the interlocutory judgment was irregular, the Appellant submitted that the interlocutory judgment was irregular because summons to enter appearance were not properly served and because the judgment was entered…

…judgment. 44.…

…The Plaintiff proceeded to file a Request for Interlocutory Judgment dated 17th August, 2020. The lower Court entered an interlocutory judgment on 19th August, 2020. 6. The matter was thereafter listed for formal proof.…

…That is, that it sought to set aside the interlocutory Judgment so that the Applicant could have leave to defend the suit.…

…He states that the appeal challenges the ruling delivered on 04th June 2026 dismissing his application to set aside an interlocutory judgment.…

…The impugned ruling declined to set aside the interlocutory judgment and directed that the suit proceed to formal proof.…

…The respondent filed a request for interlocutory judgment dated 28th March 2019 and the matter went for formal proof.…

…The appellant herein seeks for orders that the interlocutory judgment be set aside.…