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…There is already interlocutory judgment as against the 2nd defendant and in any event the argument and holdings above applies to them mutatis mutandis. 21.…

…judgment of 1st November 2022.…

…It is submitted that the i interlocutory judgment against the Applicant was delivered on 12/02/2025.…

…This appeal is against the ruling dismissing the applicants; application to set aside the interlocutory judgment.…

…Consequently, interlocutory judgment was regularly entered. The Plaintiff disputes the alleged payments, contending that they amount to an acknowledgment of debt and do not extinguish liability.…

…The interlocutory judgment entered on 26th July 2025 was therefore regular. 7. The Court must therefore consider whether the proposed defence raises triable issues.…

…The Respondent has proceeded to state that an interlocutory judgment was entered on 20.03.2025 and the matter was scheduled for formal proof.…

…That even so, the Applicant was served with a copy of the interlocutory judgment coupled with a notice of formal proof hearing via his WhatsApp mobile number.…

…On 17/9/2025, the respondent obtained an interlocutory judgment against the applicant in the Small Claims Court SCC No. E102 of 2025. The applicant swiftly applied to set aside that interlocutory judgment. 2.…

…It was an order dismissing an application to set aside the interlocutory judgment. There was no positive order that required the applicant to do anything. 9.…

…judgment entered on 20 th September 2023.…

…Whether the Interlocutory Judgment is irregular. Whether the Appellant has a triable Defence that ought to be heard on merits.…

…THAT the Honourable Court be pleased to set aside the Interlocutory judgment entered on 11 th September 2025. 4.…

…The only issue for determination is whether the interlocutory judgment entered on 11 th September 2025 should be set aside. 15.…

…I have noted that there are several irregularities in the manner the interlocutory judgment was issued. 3.…

…The irregularities extend to the amounts that were ordered in the interlocutory judgment in comparison to the sums demanded by the Plaintiff in its demand letter. 4.…

…They asserted that the Interlocutory Judgment was irregularly obtained due to lack of service and that they have a good defence to the suit.…

…The power of a Court to set aside an interlocutory judgment is discretionary and must be exercised judiciously and not capriciously.…

…The application further seeks to set aside the interlocutory judgment entered against the 3rd defendant on 22nd April 2022 in default of defense and appearance.…

…That the interlocutory judgment was entered on 22 / 4 / 20222, 7 days after the defendants’ advocate had attended court on 14 / 4/ 2022. [22].…

…The Applicant also complains that the interlocutory judgment was entered before consideration of its PO. 7.…

…Whether the court should set aside the interlocutory judgment; and ii.…

…She maintains that summons were properly served through the email address supplied by the Appellant in the loan agreement, rendering the interlocutory judgment regular.…

…The Memorandum of Appeal challenges the findings on electronic service, the regularity of the interlocutory judgment and the refusal to exercise discretion in favour of setting it aside.…

…Despite not being served, the Court on 25 th March 2025 proceeded to enter interlocutory judgment and are now apprehensive that execution proceedings shall be commenced against their client without an opportunity for them…

…Order 10 of the Civil Procedure Rules grants the Court power to enter interlocutory judgment where a party fails to enter appearance or file a defence. Order 10 Rule 7 provides as follows; - “ 7.…

…The remaining prayer seeks to set aside the interlocutory judgment and leave to defend the suit unconditionally upon re-opening of the suit for hearing de novo . 31.…

…judgment. 36.…

…It asserted that the interlocutory judgment against the 3rd, 7th and 8th applicants is a regular and lawful judgment. 14.…

…Is there any sufficient reason to set aside the interlocutory judgment? 24. The court has discretion to set aside its own judgment, decree or order, for a sufficient reason, among others.…

…The respondents though served did not enter appearance and interlocutory judgment was entered as against them and the only issue pending determination was assessment of quantum by way of formal proof.…

…Interlocutory judgment was therefore entered as against them on 31.07.2023. The issue of liability was therefore effectively settled.…

…The application is premised on the grounds set out therein and is supported by the affidavit of the Defendant, who deposes that an interlocutory judgment was entered against him on 17th May 2016 without his knowledge and…

…Samson Njau Ng’ang’a swore a Replying Affidavit on 3rd July 2025, contending that the interlocutory judgment was regularly entered after due service of summons to enter appearance and subsequent pleadings.…

…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…

…judgment. 44.…

…The Plaintiff proceeded to file a Request for Interlocutory Judgment dated 17th August, 2020. The lower Court entered an interlocutory judgment on 19th August, 2020. 6. The matter was thereafter listed for formal proof.…

…That is, that it sought to set aside the interlocutory Judgment so that the Applicant could have leave to defend the suit.…