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…......................................................DEFENDANT R U L I N G The defendant/applicant has moved the court by way of Chamber Summons under Order 9A Rule 10 of the Civil Procedure Rules for an order that the ex-parte…

…judgment entered in default of defence on 19th March, 1996 be set aside and that she be allowed to file a defence.…

….… RESPONDENT RULING This is an application by the defendant in the suit that the ex-parte judgment entered against him on 25/2/88 be set aside on the grounds that he was never served with summons to enter appearance and…

…I allow the application, set aside the ex-parte judgment entered on 25/2/ 88 and the execution thereon.…

….............................................RESPONDENT RULING By her application dated 19th January, 1994 the second defendant applies for three orders namely that execution of decree herein against her be stayed, that ex…

…parte judgment entered against her on 28th March, 1984 be set aside and that she be allowed to file her defence.…

….… RESPONDENT RULING This is an application by the defendant in the suit that the ex-parte judgment entered against him on 25/2/88 be set aside on the grounds that he was never served with summons to enter appearance and…

…I allow the application, set aside the ex-parte judgment entered on 25/2/ 88 and the execution thereon.…

…He stated that the said non-compliance, despite repeated reminders, resulted in the automatic lapse of the Order setting aside the ex parte Judgment, and the reinstatement of the ex parte Judgment by operation of the law,…

…The respondent on the other hand refuted this explanation by submitting that the reinstatement of the ex parte Judgment was triggered by the applicant’s own non-compliance with the conditional Order setting aside the ex parte…

…Whether the Applicant has met the threshold for setting aside the ex parte judgment?…

…parte judgment.…

…On the second ground, namely to whether the trial court exercised its discretion judiciously in considering the application to set aside the ex parte judgment.…

…However, the legal principles are the same as in a case where an ex parte judgment is obtained for nonappearance of a party at the hearing of his case.…

…In the case of Shah v Mbogo & Another [1967] EA 116 , the Court rendered itself as follows on the issue of the exercise of court’s discretion to set aside an ex-parte judgment: “The discretion to set aside an ex-parte judgment…

…Where the defendant showed a reasonable defence on the merits, the court could set the ex-parte judgment aside.”…

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

…I am satisfied that the trial court exercised its discretion judiciously when setting aside the ex-parte judgment.…

…The appeal herein is against the ruling that declined to set aside an ex-parte judgment in Milimani CMCC No. 5812 “A” of 2016. In the said suit, the trial court entered an ex-parte judgment on 20/2/2017.…

…Subsequently, on 12/2/2020, the Appellant vide a Notice of Motion dated 12/2/2020 sought, inter alia, to set aside the ex-parte judgment/ decree of Kshs 436, 737.34/= entered against him.…

…ex parte judgment, leave to file a Statement of Defence and consequential documents out of time.…

…The trial court exercised its discretionary powers in declining to set aside the ex parte judgment.…

…That the honourable court be pleased to issue an order staying the execution of the ex-parte judgment delivered in Makueni CMCC No.…

…The matter proceeded ex-parte and a judgment of Kshs. 10,336,398/= was entered against the applicant on 8/6/2022.…

…parte Judgment.…

…On the issue of conditions for setting aside the ex parte Judgment, Mr.…

…The Respondent did not enter appearance or file a defence and, as a result, the Appellant obtained ex parte/default judgment. 2.…

…parte judgment. 4.…

…As to whether the trial court erred in failing to vacate the ex-parte judgment, it was their case that the same is an exercise of discretion.…

…In their view, therefore, the trial court rightly declined to set aside the ex-parte judgment. 10.…

…The Appellant appeals against the ruling of the Small Claims Court dismissing its application to set aside ex-parte judgment entered against it on 22nd March 2022. 2.…

…While I accept that the ex-parte judgment must be set aside, the Appellant must suffer the burden of the causing the Respondents’ inconvenience. 11.…

…That this act amounted to negligence on his part to warrant the dismissal of the application to set aside ex-parte judgment.…

…There are no limits or restrictions of the judge’s discretion to set aside an ex-parte judgment except that if he does vary any judgment he does so on such terms as may be just.…

…This is against the Ruling dated 31st January, 2025, which refused to set aside an ex-parte default judgment of Ksh. 725,000 entered against him.…

…Mbele also appeared and filed an urgent application to set aside the ex-parte default judgment.…

…The applications seek, inter alia, stay of execution of the decree issued on 27th February 2025, injunctions against execution, and orders setting aside the ex parte judgment entered against the applicants together with all…

…Having considered the pleadings, affidavits and submissions, I find that the issues falling for determination are: a) Whether the applicants have established sufficient grounds for setting aside the ex parte judgment. b)…