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…the Defendant for a declaration that the Defendant is liable to satisfy judgment in CMCC No. 6309 of 2017, and thus judgment be entered for the decretal amount therein plus interest thereon at court rate from the date of…

…judgment until payment in full.…

…The application is premised on a consent judgment entered on 30th July 2018 in the sum of Kshs. 9,300,000/-, which consent was duly adopted as a judgment of the Court.…

…any officer thereof; or (c) Any other person, be orally examined as to whether any or what debts are owing to the judgment-debtor, and whether the judgment-debtor has any and what property or means of satisfying the decree…

…It is trite that courts have the discretion to set aside ex parte judgments. In Shah vs.…

…The principle that emerges from the above decision is that while courts have wide discretion to set aside judgments made in the absence of one party (ex parte judgments), that discretion must be exercised judiciously (not…

…and the Judgment delivered on 7th November 2025 should be granted. 39.…

…Following the said Consent Judgment of 21st May 2019, it is erroneous for the defendant to wholly link the said Judgment to the one of 7th November 2025.…

…He therefore contends that court process was duly served and the judgment is regular. 5.…

…I would add that where there is no service or the judgment is irregular, the court does not have discretion to set aside the judgment, it must set aside the judgment as a matter of right (see James Kanyita Nderitu and Another…

…Mikoyan – Chief Magistrate) JUDGMENT 1.…

…In this case, there is no dispute that both the default Judgment, and the substantive ex parte Judgment entered subsequently, were regular.…

…person, be orally examined as to whether any or what debts are owing to the judgment-debtor, and whether the judgment-debtor has any and what property or means of satisfying the decree, and the court may make an order for…

…debtor and whether the judgment-debtor has any and what property or means of satisfying the decree.” 7.…

…These individuals are directors of the judgment debtor. 2.…

…debtor, to appear before court for examination under oath on whether the judgment debtor has any and what property or means of satisfying the decree.…

…By a Motion on Notice dated 9/6/2025, the Advocate applied for Judgment for Kshs.89,402/- against the respondent. The Motion was brought under section 51(2) of the Advocates Act, Cap 16 Laws of Kenya. 2.…

…The basis for seeking judgment was that it was in terms of a Certificate of Costs dated 29/5/2025. The Advocate also sought interest at the rate of 14% per annum from 7/4/2025 until payment in full. 3.…

…The said directors shall produce books of account and such documentary evidence as relates to the assets, liabilities, and financial position of the Judgment Debtor. 2. Mr.…

…Saranjit Singh Sehmi, a director of the judgment debtor company, availed himself for examination on 4th June 2026.…

…The application majorly seeks a stay of execution of the judgment and decree herein, and all consequential orders arising therefrom including the award of costs awarded in the judgment and decree subject of appeal, and a…

…The Plaintiffs were aggrieved by a judgment of this court delivered on 19th November 2024 and therefore lodged an appeal before the court of appeal which is pending.…

…Kihara informed the court that the plaintiff had filed a request for judgment dated 22nd June 2020.…

…Kihara appeared for the plaintiff and sought directions on the request for judgment dated 22nd June 2020. The court also noted that the request for judgment was not in the court file.…

…Apart from the prayer for costs of the application, the only other prayer in the application is for judgment to be entered against the respondent. It is couched as follows: “1.…

…Koceyo, this amount has not been paid to date and it is for this reason that he seeks judgment against the respondent. 4.…

…By an application dated 29.7.25, the Applicant seeks that judgment be entered in their favour against the Respondent in the sum of Kshs. 171,420/= as per the certificate of taxation dated 8.7.25.…

…I now turn to the prayer sought by the Applicants that judgment be entered against the Respondent in terms of the certificate of costs herein.…

…That this court be pleased to grant leave to the applicant/intended appellant to appeal out of time against the judgment of the Magistrate in Voi CMCC No. E097 of 2022 and judgment delivered on 28.4.2023.…

…That the court be pleased to stay execution of the judgment and decree in Voi CMCC No.…

….3RD RESPONDENT DEPARTMENT OF TRANSPORT & INFRASTRUCTURE…………………………………………………...4TH RESPONDENT HOMA BAY COUNTY GOVERNMENT……………….....................5TH RESPONDENT AND JOAS COMPONENTS COMPANY LIMITED ………………EX PARTE APPLICANT JUDGMENT…

…Maloba) entered judgment on 8th September 2022 against the respondents under the following heads: i) Judgment in the sum of kss.8,730,912.00. ii) Interest in (a) above at 14% per annum from the filing date. iii) Costs of…

…The Applicant submitted that although it became aware of the judgment, through its advocates, shortly after delivery, it issued instructions to appeal late.…

…This Court observes that the Applicant became aware of the judgment, through its advocates, immediately after delivery.…

…That the judgment sum of Kshs. 28,049334.13 is substantial and if execution proceeds, the Applicant will suffer irreparable damage. 4.…

…However, in doing so, the court should weigh this right against the success of a litigant who should not be deprived of the fruits of his/her judgment.…

…motion dated 2nd April, 2025 seeking the following orders; (i) Spent (ii) Spent (iii) THAT upon hearing and determination of this Application, this Honourable Court be pleased to issue an order of stay of execution of the Judgment…

…He avers that on 5th March 2025, the small claims court at Kericho entered a judgment against him in SCCCOMM E369 OF 2024 ordering him to pay Kshs. 224,000/- plus interests and costs and attached a copy of the judgment.…