Case law
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Division and case type: High Court Civil Appellate DivisionCivil Appeal
…I use the word purported because the entry of interlocutory judgment debarred the Appellants from filing their Response to the Claim unless that interlocutory judgment was set aside. 11.…
…In this case, it is clear that by purporting to file memorandum of appearance and the Response to the Claim the Appellants demonstrated an intention to defend the claim.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…It is clear from the record of the lower court that the Appellant filed a Response to the Respondent’s claim.…
…The default judgement under the rule is entered where a Respondent fails to file a response to the Claim. 15.…
Division and case type: High Court DivCivil Appeal
…The Appellant filed a response to the claim whereof he admitted to have received by instalment a sum of Kshs.461,000/= from the Claimant (Respondent).…
…The Appellant also stated in response that he had repaid Kshs.33,000/= to the Respondent and that he is ready to settle the balance of kshs.417,000/= by instalments also. 3.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Respondent was served with the statement of claim but did not file a response to the claim on time. 2.…
…First, the Appellant did not attach any draft response to the application seeking to set aside the default judgment.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Appellant filed Grounds of Opposition in response to the Respondent’s said application.…
…That the magistrate erred by striking out the Appellant’s response suo moto without a formal application before the court.…
Division and case type: High Court CivilCivil Appeal
…When the NTSC was filed, the Applicant had the recourse to challenge the NTSC in a response thereto and the same would have been competently dealt with.…
…The specific issue the Applicant raises of the competence of the NTSC and the proposal to settle the decretal amount could have been raised in her response to the same.…
Division and case type: High Court CivilCivil Appeal
…In its response, the appellant, as the respondent in the court below, denied that it owed the claimant (now respondent) any money. The statement of response was dated 16th December 2024.…
…A statement attached to the response, however, showed that Kes 41,021/- was owed. The inadvertent admission was seized upon by the respondent in the reply to the statement of response dated 7th January 2025. 6.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Counsel for the 1st respondent asked for 7 days to file its response which was granted and the matter placed for further mention on 4-08-2022.…
…On 4-08-2022, the 1st respondent had not filed his response and asked for more time which request was once again granted.…
Division and case type: High Court CivilCivil Appeal
…The respondent shall file a response to the application within 14 days of the date of service of the application.…
…Thereafter, parties to file and exchange written submissions within 14 days of the date of service of the respondent's response. Mention on 22 September 2026.…
Division and case type: High Court DivCivil Appeal
…Response be filed within 7 days of service. 3. A supplementary affidavit if desired, be filed witin 7 days of service of response. 4.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…THE 1ST RESPONDENT’S RESPONSE. 20.…
…THE 2ND RESPONDENT’S RESPONSE. 34.…
Division and case type: High Court CivilCivil Appeal
…Response in 14 days. 3. There be a stay in terms of prayer 2 conditional to the Applicant providing maintenance as ordered by the court but a a reviewed sum of Kshs. 5000 pending further orders of court. 4.…
…The application be canvassed by way of written submissions. the Applicant to file together with a supplementary affidavit if desired within 14 days of service of response and the Respondent within 14 days of service of rival…
Division and case type: High Court DivCivil Appeal
…Given reason for failure to file his memorandum of appearance or response. b. Brought the application without undue delay. c. Demonstrated that its intended defense or response raises triable issues.…
…They also fade to annex a draft response or defense to application. They urged the court to dismiss the appeal here with costs.…
Division and case type: High Court DivCivil Appeal
…Response be filed in 14 days. Supplementary affidavit, if desired, be filed within 7 days of service of response. An interim order of stay is hereby issued pending further orders/directions on the mention date.…
Division and case type: High Court DivCriminal Appeal
…A response be filed within 14 days. The application shall be disposed of by way of skeletal written submissions in the following order; 1. The appellant within 7 days of service of response. 2.…
Division and case type: High Court DivCivil Appeal
…filed for the court to evaluate whether the said response raised triable issues.…
…Notwithstanding this, she went ahead and stated that the judgement against the Appellant cannot be set aside as there is no draft response filed for the court to evaluate whether the said response raised triable issues. 26…
Division and case type: High Court CivilCivil Appeal
…The affidavit, in response, did not disclose how much had been paid by the respondent, and how it was coming to the figure it was demanding.…
…Its response was more on there being a default, hence justification for foreclosure. 9.…
Division and case type: High Court CivilCivil Appeal
…I direct that the application be served, but in view of the impending High Court August recess, I direct that the response to the application be filed and served within 14 days of the date of service of the application and…
…thereafter the applicants' submissions be filed and served within 14 days of the date of service of the response.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…On 31.05.2022, the Respondent who was represented by counsel, requested for 3 days to file the notice of appointment and a response to the claim.…
…He urged that the claim was not opposed and with regard to the affidavit of service dated 09.05.2022, he requested that judgement be entered in default of response in respect of the liquidated claim of Kshs. 237,910, plus…
Division and case type: High Court DivCivil Appeal
…Response be filed in 14 days. A supplementary affidavit be filed within 7 days of service of response. In the meantime, prayer B is allowed on the interim pending mention inter partes. Mention on 2.12.25 '…