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…The Respondent submits that the ex parte orders were obtained through material non-disclosure and misrepresentation.…

…I find that these were material facts which ought to have been fully disclosed when the Appellants sought the ex parte orders. 17.…

…The Appellant contended that the trial court erred in failing to grant ex parte stay orders despite the imminent attachment of its goods.…

…The question is therefore whether the refusal to grant ex parte stay orders amounted to an improper exercise of discretion. 22.…

…I now make temporary orders (ex-parte) restraining M/S Truckers Auctioneers from releasing M/V.…

…The race for ex-parte orders was all started by the learned counsel for the applicant/plaintiff in the lower court.…

…Upon presentation of the application, the Small Claims Court granted interim ex parte orders preserving the status quo pending inter parties hearing.…

…It is common ground that interim ex parte orders were issued immediately after the Objector filed its Notice of Motion.…

…[c] THAT pending the hearing and determination of this application and the intended appeal, the Court be pleased to set aside the ex parte orders dated 26 th August 2025 by the Senior Principal Magistrate’s Court at Oyugis…

…parte and issued orders; including an order for the police to provide security for the exercise.…

…The law on setting aside of ex parte orders is found under Order 12, rule 7 of the Civil Procedure Rules, 2010 which provides thus: - “Where under this Order judgment has been entered or the suit has been dismissed, the court…

…In setting aside ex parte orders, the Court must be satisfied of one of two things, namely, either that the respondent was not properly served or that the respondent failed to appear in Court at the hearing due to sufficient…

…It is unfortunate that the appellant who obtained ex parte orders of stay opted to go on a slumber immediately thereafter.…

…Even where the party applying had been served- like is the case here- the court would still have discretion to set aside ex parte orders in the interest of justice.…

…Is this such case for the exercise the unfettered discretion to set aside ex parte orders herein?…

…He contended that the Appellant is seeking stay of proceedings yet it has not sought to set aside the ex parte orders allowing the order allowing the amendment, nor have they filed an Application to review the same.…

…I am however curious about the Respondents’ argument that the Appellant is seeking stay of proceedings yet it has not even first sought to set aside the ex parte orders that allowed the amendment of the Plaint, nor has it…

…Upon learning of this, the Appellant moved the court through an application dated 1st December 2020, seeking to set aside the ex parte orders on the basis that its former counsel had failed to diarize the matter. 5.…

…In its ruling dated 19th February 2021, the trial court allowed the Appellant’s application and set aside the ex parte orders and granted the Appellant leave to respond to the Respondent’s application for lifting the corporate…

…ANALYSIS AND DETERMINATION The main issue in this appeal is whether the appellant was served with a notice for the hearing of the application on 12 th June 2020 when ex- parte orders were issued against them.…

…The legal principles governing the setting aside interlocutory judgments or ex parte orders are the same . The appellant contents that they were unaware of the hearing of the 12 th June 2020.…

…The law on setting aside of ex parte orders is found under Order 12 Rule 7 of the Civil Procedure Rules, 2010 which provides thus: - “Where under this Order, judgment has been entered or the suit has been dismissed, the court…

…In setting aside ex parte orders, the court must be satisfied of one of two things, namely, either that the respondent was not properly served or that the respondent failed to appear in court at the hearing due to sufficient…

…It seeks stay of execution of the orders made on 5th February 2024, and consequential orders, stay of execution of the judgement of the trial court and the setting aside of the ex parte orders of 5th February 2024.…

…Counsel submitted that the ex parte orders issued by this court were final orders as once the garnishee order nisi was lifted, the funds held were released and the Respondent was left exposed without being heard.…

…The Respondent submits that the ex parte orders issued by this court were final orders as once the garnishee order nisi was lifted, the funds held were released and the Respondent was left exposed without being heard.…

…On whether he was in contempt as at 19/11/2024, the appellant submitted that the court needs to interrogate the ex-parte orders dated 27/06/2024, the temporary injunctive orders from the ruling dated 03/09/2024, the Contempt…

…He highlighted that the ex-parte orders restrained the appellant “from making further defamatory remarks against the plaintiff and or his employer pending hearing and determination of this application and or further orders…

…The Operative Order 51 Rule 15 of the Civil Procedure Rules vests in the court, the power to set aside orders made ex-parte. 10. This court has unfettered discretion to vacate ex-parte orders on terms that are just.…

…On 21 st March 2025, the trial court issued ex parte interim orders restraining the 3 rd Appellant, his agents, or servants from "accessing, entering into, conducting business meetings and/or executing any cheques, accessing…

…In her ruling delivered on 29 th August 2025, the learned trial magistrate dismissed the Preliminary Objection, found the 3 rd Appellant in contempt of the ex parte orders of 21 st March 2025 and proceeded to annul the meeting…

…The grounds upon which the ex parte orders can be reviewed. varied, set aside or lifted are as set out in the case of In the matter of an Application by Justus Nyangaya & Others, Nairobi Misc.…

…Civil Case No.1133 of 2002 observed; “However, the courts have set aside ex parte orders obtained in judicial review proceedings following non-disclosure of material facts, concealment of material documents and on misrepresentation…

…J. dissenting) that: “although it was a general principle in regard to ex parte orders that the party affected by the order could apply for it to be discharged, yet it would be contrary to the intention of the Limitation…

…In the COZEN case it was held: "Although it was a general principle in regard to ex-parte orders that the party affected by the order could apply for it to be discharged, yet it would be contrary to the intentions of the…