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…It was her case that once the court delivered its judgment, it became functus officio and hence has no jurisdiction to entertain any post-judgment applications, mentions, or hearings.…

…I find that counsel was aware that a judgment had been delivered in this case, and what was remaining was the implementation of the order as per the Judgment.…

…The court does not even have to be moved by a party once it comes to its notice that the judgment is irregular; it can set aside the default judgment on its own motion.” 15.…

…The question that suffices is whether the ex parte judgment was a regular default judgment or an irregular judgment. 16.…

…'(On whether to arrest judgment and allow a party to apply for joinder before judgment is delivered) 1. This Petition was scheduled for the delivery of Judgment on 14th October 2025.…

…The absence of the concept in our rules on civil practice is perhaps explicable on the basis that while before delivery of judgment there is no judgment that can be stopped or “arrested”, on the other hand, once judgment…

…(iv) The Exparte judgment herein was a Regular default judgment as opposed to an Irregular default judgment.…

…This court has found that the judgment herein is a Regular default judgment, as was defined in the case of James Kanyita Nderitu and Another Vs.…

…be appropriately amended, presumably to reflect the new date of reading of judgment. 3.…

…There is a judgment in the file and an indication that judgment was transmitted to the advocates for the parties electronically on 16/1/2025.…

…but forgot to diarize the matter hence his absence; application not considered but placed before court after the judgment; in the meantime, judgment delivered via email and judgment entered for the 1st respondent; trial…

…that the judgment be arrested before it is pronounced.…

…As stated, in civil matters, arrest of Judgment is not expressly provided for.…

…If judgment has already been read, the proper recourse is through an appeal, not by attempting to arrest or stay the judgment at the trial court.” 18.…

…It is also evident that after the issuance of a Judgment, the court becomes functus officio, though post judgment proceedings can be entertained.…

…On whether the Judgment in place should be set aside, this court finds that the Judgment herein is a regular judgment having been issued after an inter-parties hearing.  …

…She deposes that the judgment was delivered without notice to her advocate.…

…On 2 December 2024 she visited her advocate to find out if the judgment had been delivered and her advocate informed her that he had not received any date for delivery of the judgment.…

…The appellant also avers that when eventually judgment time came, the court wrote only one judgment in respect one property, being Plot No 587 Pangani/Maereni which forced the respondents to seek a review of the judgment…

…Consequently, the reviewing magistrate had no grounds for reviewing the judgment in order to apply the judgment to the other cases. 40.…

…Between the judgment of 7th December 2021 and the ex-parte judgment of 18th May 2016, which one is the final pronouncement of the court and whether there can be two Judgments in a suit by the same court?…

…The 3rd and 4th Defendants submitted that the court in its ruling delivered on the 15th February 2017 set aside both the interlocutory judgment and the ex-parte judgment.…

…Before this Court are two post-judgment applications arising after the dismissal of this appeal by a judgment delivered on 9th April 2026. …

…The Appellants appealed against that judgment. By a judgment delivered on 9th April 2026, this Court dismissed the appeal and affirmed the judgment of the trial court. 5.   …

…By a judgment delivered on 25th September 2023, this court entered judgment in favour of the petitioner and against the respondents in the following terms: - “… the Petition has merit and is allowed in terms of prayer (a)…

…for setting aside the judgment was made without unreasonable delay. 12.…

…The application is premised on the grounds that the Judgment was delivered in the absence of the applicant and his counsel; that the applicant was dissatisfied with the Judgment and is desirous of appealing against the Judgment…

…; that by the time the applicant learnt about the Judgment, the time within which he ought to have appealed against the Judgment had lapsed and that unless stay of execution of the Judgment and the Decree issued in respect…

…That the consent judgment entered into on the 14th of January 2026 and recorded and adapted as the judgment of the court by all parties excluding the 1st Defendant/Applicant on the 29th of January 2026 before Hon.…

…He depones that he lodged Appeal No. 141 of 2022 challenging the judgment delivered on 31st October 2017.…

…The counsel submitted that the applicable provisions of law governing the setting aside of judgments are found under Order 12 Rule 7 of the Civil Procedure Rules, which provides that: “where under this Order judgment has…

…On whether the judgment was regular or irregular, it is important to set out the distinction between a regular and an irregular ex parte judgment, as it is well settled.…

…Among these grounds are; that a Judgment was delivered on 2nd March 2018, in favour of the Plaintiff/Applicant; that despite the said Judgment of the court being delivered 7 years ago, the Defendant/Respondent has neglected…

…It was her further contention  that there was a mistake apparent on the face of the judgment and she had instructed her advocates to file an application for review of the judgment. ​ 8.   …

…application for review. ii) Consequently, setting aside the said Judgment and decree 2.…

…Kirika, he argues that the application was brought inordinately late, 6 years after judgment.…

…The counsel submitted that the applicable provisions of law governing the setting aside of judgments are found under Order 12 Rule 7 of the Civil Procedure Rules, which provides that: “where under this Order judgment has…

…On whether the judgment was regular or irregular, it is important to set out the distinction between a regular and an irregular ex parte judgment, as it is well settled.…