Search court decisions

…The Respondent did not enter appearance or file a defence and, as a result, the Appellant obtained ex parte/default judgment. 2.…

…fixed in the summons… the court shall… enter judgment against the defendant… together with interest… and costs.” 22.…

…] KEHC 8284 (KLR) (28 June 2024) Judgment). 14.I may not have to determine that issue as of now the reason being that from the record, a judgment was indeed rendered within sixty days as provided by the Act.…

…However, that judgment was set aside at the behest of the appellant as he claimed not to have been served.…

…Once a final judgment has been entered, there is no need of a formal proof.…

…It may not be clear why the parties and the court proceeded as if there was no final judgment.…

…At the outset, I note that the application seeks a stay of execution of the Judgment dated 6th June 2024.…

…No appeal has been preferred against the judgment of 6th June 2024 as no memorandum of appeal has been filed to that effect. 16.…

…In the event a Defendant fails to meet the set timelines and a default judgment is entered, then he will be under a legal duty, should he wish to seek setting aside of the Judgment, to sufficiently explain the reasons why…

…In this case, there is no dispute that the default Judgment was a regular one.…

…rely on Section 5(b)(iv) of the Act to avoid liability; d) Whether post-judgment interest is recoverable from the insurer; e) Whether the trial court erred in entering judgment in favour of the Respondent. 38.…

…I therefore find that post-judgment interest accruing on the decretal sum remains recoverable from the insurer.…

…Any judgment that does not contain the aforesaid essential ingredients is not a judgment and an appellate court will frown at such a judgment and indeed impugned it as I hereby do.…

…The learned judge held as follows: “I do not think that, the judgment as crafted by the learned magistrate really qualifies for a valid judgment.…

…Subsequently vide a request for judgment dated 30th June 2020, the 1st Respondent sought for judgment against the Appellant, together with the 2nd and 3rd Respondents for failing to enter appearance and filing a defence within…

…set aside or vary such judgment and any consequential decree or order upon such terms as are just. 15.…

…The appellant urges this court to set aside the judgment of 31st May, 2024 and to substitute therefor a judgment in his favour as prayed in the plaint, with the costs of the appeal and of the court below. 4.…

…The record closes with a copy of the judgment of the trial court delivered on 31st May, 2024.…

…The matter proceeded for formal proof and ex-parte judgment was thereafter delivered on 30th June 2022 thus precipitating the filing of an application dated 4th August 2022 for the setting aside of the ex-parte judgment.…

…Interlocutory judgment was entered on 5th May 2022..…

…Upon inquiry, he was shown an undated, unsigned and uncertified copy of the Judgment, which indicated that judgment had been entered in favour of the Respondent in the sum of Kshs. 14,980,002.20, together with costs and interest…

…It was his deposition that he later learnt from State Counsel that the matter before the trial court had been pending judgment, and that judgment had been deferred on 8th April, 2025 and 15th April, 2025, with directions…

…preceding formal proof and entry of judgment; b) the failure by the trial court to appreciate that entry of judgment on a mention date rendered the proceedings irregular; c) declining to set aside the judgment notwithstanding…

…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…

…That cost of this application be in the cause. [3] The background is that judgment was delivered on 9 th October, 2025, in Nakuru Chief Magistrate's Court Civil Suit No.…

…in its favour and is entitled to the fruits of that judgment.…

…On the 30th of September 2024, judgment was entered against the appellant/applicant ( hereinafter referred to as the applicant). The applicant was granted a stay of execution from 30.9.2024 for 30 days.…

…From the applicant’s affidavit, the judgment was read on the 30th of September 2024 and thereafter the court gave a stay of execution for 30 days.…

…Interlocutory judgment was entered on 10th December 2019 and, after formal proof, judgment was delivered on 4th June 2021 for Kshs. 953,550 together with costs and interest. 4.…

…It therefore argues that the interlocutory judgment, the trial judgment and the appellate judgment are irregular and should be set aside ex debito justitiae. 8.…

…Upon discovering the judgment, the advocates promptly informed the Applicant. Around the same time, the Applicant also received the judgment and decree from the Respondent’s advocates. 5.…

…The Respondent further deposes that the judgment date was taken in the presence of both counsel and that the Applicant’s advocate was present virtually at the delivered of judgment on 19th June 2025.…

…They submitted that the impugned ruling did not amount to lawful execution of the judgment but rather constituted an impermissible variation and enlargement of the original judgment.…

…Therefore, if one is dissatisfied with the judgment, the proper course is appeal or review, not a post-judgment motion seeking a remedy never granted. 18.…

…By then judgment had been entered on 14th July 2016. 2. The ex parte judgment of 14th July 2016 was set aside, on 19th December 2016, on an application, dated 8th August 2016.…

…The 1st respondent, within its rights, sought and obtained ex parte judgment. It was a regular judgment, for there had been proper service.…

…rendering the judgment a nullity.…

…On whether the impugned judgment was delivered out of time, the Appellant alleged non-compliance with Section 34(1) of the Small Claims Court Act which requires delivery of judgment within 60 days.…