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…Judgment was entered in favor of the Appellant where he was awarded Kshs. 11,208,500. 3.…

…its discretion to upset the judgment. 10.…

…The default judgment/award be set aside and the respondent be accorded leave to defend the claim. iv. Costs of the application be borne by the Claimant. 2.…

…The issue arising in this application is whether there is sufficient evidence to warrant the setting aside of the judgment on record. 13.…

…The respondent, Engineering Supplies Limited, filed an application dated 24 January 2025 seeking to arrest or defer the judgment herein, set aside the proceedings of 21 January 2025, and grant leave to file submissions.…

…The judgment is due for delivery on 20 February 2025 and should be deferred to allow the respondent to file and serve the written submissions. The claimant did not attend or file a reply to this application.…

…The Claimant appealed to this Court and in its judgment delivered on 25th October, 2021, the Court allowed the appeal and substituted the order of the Lower Court dismissing the claim with an order that judgment be entered…

…The appellant consequently embarked on the process of executing the judgment of the Court prompting the present application. 3.…

…If the respondents are paid the judgment sum, they cannot are unable to refund upon a successful appeal. The respondents are not in any gainful employment and, hence, may be unable to repay the colossal judgment sum.…

…They hold a valid judgment subject to execution. They should not be denied the fruits of their judgment based on the appellant's intentions to file an appeal.…

…Consequently, the court entered judgment on 28 September 2023 against the respondent.…

…The judgment herein was not ex parte as alleged. The application is purely designed to deny the claimant the fruits of the judgment and there is no sufficient cause outlined in the supporting affidavit.…

…When the application came up on 25 May 2023, the judgment debtor informed the Court that a payment of Kshs 200,000/- had been made that morning. 6.…

…The Court directed the judgment debtor to make a further payment of Kshs 200,000/- before 16 June 2023, with further directions set for 19 June 2023. 7.…

…That a cursory look at the judgment reveals an error on the face of the record as to when he was employed and when he was dismissed by the respondent.…

…The second factor to consider is whether there was a mistake or error apparent on the face of the record in the impugned judgment.…

…The respondent, Child Welfare Society of Kenya, filed an application dated 3 December 2024 seeking to set aside the judgment delivered on 26 September 2024 on the basis that the judgment was ex parte for non-appearance.…

…The appellant failed to act upon entry of judgment notice, leading to execution proceedings which are lawful and justified.…

…Applicant is desirous of challenging the learned trial Magistrate’s entire Judgment on Liability and Quantum on grounds that their evidence was not taken into account.…

…The deponent contends that time within to file the appeal had lapsed on 22nd October, 2024 yet the judgment had been delivered on 9th October, 2024. According to Mr.…

…In a regular default judgment, the respondent is served with a summons to enter an appearance but is entitled to move the court to set aside the default judgment where there is a good defence.…

…If the default judgment was irregular, there is a right to protect the case.…

…Judgment entered for the claimant as prayed in the memorandum of claim in the sum of Kshs391,818.88 plus interest thereon from the date of this judgment till payment in full. 2. Costs to the claimant.…

…THAT the Directors of the Respondent HABO GROUP OF COMPANIES LIMITED, namely AUGUSTINE OMONDI AWITI, HEZRON AWITI BOLLO & MONICA ANYANGO AWITI, be examined on oath as to the judgment debtor’s means and assets and to produce…

…Without hesitation, I state that the application is a good candidate for failure. 5 The Applicants contended that they obtained judgment against the Respondent herein; however, their attempts to execute the decree that flowed…

…The appeal arises from the judgment delivered on 16 November 2023 in Mombasa CMELRC No.E521 of 2022. The appellant is seeking that the judgment be set aside and the case dismissed with costs.…

…his discretion in setting aside the ex-parte Judgment.…

…The applicant is now before the court to enforce the said judgment. I have carefully considered the motion, the statement of facts and the affidavits filed in support of the leave application.…

…It is trite law that enforcement of judgment against government is governed by the Government Proceedings Act. Section 21 of the Act provides: - “21.…

…That the only account held by the Garnishee for the Judgment/Debtor capable of garnishment was account Number 1180995716 and the funds held by the Garnishee in the Judgment/Debtor accounts are incapable of satisfying the…

…the Judgment Debtor’s account until the Order is made absolute or discharged.…

…The office of the Attorney General was never served with mention notices, hearing notices or judgment notices. The respondent only learnt of the matter when it was served with the judgment.…

…The judgment is regular and lawful.…

…There will be no prejudice to the claimant where the judgment is set aside, the claim heard on the merits.…

…Leave should be granted for this purpose, as this is being done post-judgment.…

…In view of the fact that service of summons and initial pleadings was admitted, I find that the lower court judgment was regular.…

…Besides the procedure adopted by the applicant to challenge the lower court judgment before this court is faulty and therefore the motion fails with respect to the judgment of the trial court. 10.…