“"default judgment"” — court decisions

Judgment[1984] KECA 569 July 1984

Ngome v Plantex Company Ltd

Court of Appeal at NairobiGACHUHI,JUDGE APPEALCase number Civil Appeal 91 of 1983

Division and case type: CivilCivil Appeal

…In my opinion, a dismissal of the suit of an absent plaintiff under rule 4(1), of order IXB is not the same as a default judgment entered under order IXA against a defendant in default of entering appearance or failing to…

…In Herman Mugachia v Hamis Mwakibundu & Another Civil Appeals Nos 59 and 89 of 1983 (unreported) this court said obiter: “Rule 4 provides for entering judgment in default by the plaintiff to attend court on the day fixed…

suit is dismissedDismissed10 min read

Judgment[1996] KECA 6810 January 1996

Agip (Kenya) Limited v Appollos Kennedy Mwangi T

Court of Appeal at NairobiJUDGE APPEAL,It,KonosiCase number Civil Appeal 166 of 1995

Division and case type: CivilCivil Appeal

…Samwel Wabwire, (Civil Appeal No. 15/93) (unreported) where it said: “Githinji J. considered the reason or reasons which were offered as to why the appellant had allowed default judgment to be entered against it.…

12 min read

Judgment[1986] KECA 3527 October 1986

James Nduhiu Macharia v Mwotia Macharia

Court of Appeal at NyeriTodd High,Cockar Nyeri,Cockar August,TODD,Todd led Nduhiu,JS Patel,Cockar,JUDGE APPEALCase number Civil Appeal 105 of 1985

Division and case type: CivilCivil Appeal

…When that day arrived the learned judge recorded this – ‘Order, by consent – plaintiff to reply to counterclaim within 14 days of today, in default judgment to be entered for the counterclaim.…