Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: High Court DivCivil Appeal
…of Ksh,150,000/- hence admitting the default judgment.…
…Further that the court failed to consider that the application to set aside the default judgment was inordinate, having been made one year after the default judgment was entered.…
Division and case type: High Court DivCivil Appeal
…In their submission, service was not properly effected on them and therefore the default judgment was irregular. Accordingly, they submitted that the default judgment ought to have been set aside ex debito justiciae .…
…In a regular default judgment, the defendant will have been duly served with summons to enter appearance, but for one reason or another, he had failed to enter appearance or to file defence, resulting in default judgment.…
Division and case type: High Court DivCivil Appeal
…She thus termed the default Judgment as irregular, and urged that she had a good and viable defence raising triable issues. 5.…
…In a regular default Judgment, the Defendant will have been duly served with summons to enter appearance, but for one reason or another, he had failed to enter appearance or to file defence, resulting in default Judgment.…
Division and case type: High Court CivilCivil Appeal
…In a regular default judgment, the defendant will have been duly served with summons to enter appearance, but for one reason or another, he had failed to enter appearance or to file defence, resulting in default judgment.…
…In such a situation, the default judgment is set aside ex debito justitiae, as a matter of right.…
Division and case type: High Court CivilCivil Appeal
…The Learned Magistrate erred in law and in fact by refusing to set aside the default judgment despite the overwhelming evidence before her that would have merited and dictated that the default Judgment be set aside. h.…
…to suffer and whether on the whole it is in the interest of justice to set aside the default judgment, among others.…
Division and case type: High Court CivilCivil Appeal
…Order 10 Rule 11 of the Civil Procedure Rules under which the application to set aside the default judgment was filed in the trial court gives the court wide discretionary power to set aside a default judgment.…
…In a regular default judgment, the defendant will have been duly served with summons to enter appearance, but for one reason or another, he had failed to enter appearance or to file defence, resulting in default judgment.…
Division and case type: High Court DivCivil Appeal
…Order 10 Rule 11 of the Civil Procedure Rules under which the application to set aside the default judgment was filed in the trial court gives the court wide discretionary power to set aside a default judgment.…
…In a regular default judgment, the defendant will have been duly served with summons to enter appearance, but for one reason or another, he had failed to enter appearance or to file defence, resulting in default judgment.…
Division and case type: High Court CivilCivil Appeal
…In a regular default Judgment, the Defendant will have been duly served with summons to enter appearance, but for one reason or another, he had failed to enter appearance or to file defence, resulting in default Judgment.…
…to suffer; whether on the whole it is in the interest to set aside the default Judgment, among other.…
Division and case type: High Court CivilCivil Appeal
…In a regular default Judgment, the Defendant will have been duly served with summons to enter appearance, but for one reason or another, he had failed to enter appearance or to file defence, resulting in default Judgment.…
…to suffer; whether on the whole it is in the interest to set aside the default Judgment, among other.…
Division and case type: High Court CivilCivil Appeal
…In a regular default judgment, the defendant will have been duly served with summons to enter appearance, but for one reason or another, he had failed to enter appearance or to file defence, resulting in entry of a default…
…In a regular default judgment, the defendant will have been duly served with summons to enter appearance, but for one reason or another, he had failed to enter appearance or to file defence, resulting in default judgment.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…It is necessary to consider carefully the circumstances of service since it is what distinguished a regular default judgment from an irregular default judgment.…
…In such a situation, the default judgment is set aside ex debito justitiae, as a matter of right.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…In a regular default judgment, the defendant will have been duly served with summons to enter appearance, but for one reason or another, he had failed to enter appearance or to file defence, resulting in default judgment.…
…to suffer; whether on the whole it is in the interest of justice to set aside the default judgment, among other.…
Division and case type: High Court CivilCivil Appeal
…On 4.4.17, judgment in default of appearance and default of defence was entered against the Appellant.…
…The default judgment was entered on 4.4.17 while judgment after formal proof was delivered on 3.7.18.…
Division and case type: High Court DivCivil Appeal
…In a regular default judgment, the defendant will have been duly served with summons to enter appearance, but for one reason or another, he had failed to enter appearance or to file defence, resulting in default judgment.…
…to suffer; whether on the whole it is in the interest of justice to set aside the default judgment, among other.…
Division and case type: High Court DivCivil Appeal
…In a regular default judgment, the defendant will have been duly served with summons to enter appearance, but for one reason or another, he had failed to enter appearance or to file defence, resulting in default judgment.…
…to suffer; whether on the whole it is in the interest of justice to set aside the default judgment, among other.…
Division and case type: High Court DivCivil Appeal
…In a regular default judgment, the defendant will have been duly served with summons to enter appearance, but for one reason or another, he had failed to enter appearance or to file defence, resulting in default judgment.…
…In such a situation, the default judgment is set aside ex debito justitiae, as a matter of right.…
Division and case type: High Court CivilCivil Appeal
…In a regular default judgment, the defendant will have been duly served with summons to enter appearance, but for one reason or another, he had failed to enter appearance or to file defence, resulting in a default judgment…
…Such a defendant is entitled to move the court to set aside the default judgment and to grant him leave to defend the suit. 34.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Respondent then applied and obtained judgment in default foe the sum of Kshs. 805,700.00 against the Appellant.…
…The court having considered the said facts and the submissions of the respective Counsel declined to set aside the default judgment and dismissed the same.…
Division and case type: High Court DivCivil Appeal
…to enter appearance or to file defence, resulting in default judgment.…
…or to file defence, resulting in default judgment.…
Division and case type: High Court CivilCivil Appeal
…In a regular default judgment, the defendant will have been duly served with summons to enter appearance, but for one reason or another, he had failed to enter appearance or to file defence, resulting in default judgment.…
…to suffer; whether on the whole it is in the interest of justice to set aside the default judgment, among other.…