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…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.…

…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.…

…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.…

…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.…

…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 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.…

…Dissatisfied with the judgment, the appellant filed this appeal, but the respondent demanded payment of the judgment sum on 5 December 2024. The trial court allowed a 30-day stay of execution, which has lapsed.…

…Unless this court also stays execution pending the hearing and determination of the appeal, the respondent will execute the judgment.…

…; Managers and any other officers of the 1st respondent/Judgment debtors be compelled to attend court on an appointed day to be orally examined, as to the business and affairs of the 1st respondent/judgment debtor; and/or…

…the property or properties of the respondent/judgment debtor, and/or the 1st respondent/judgment debtor means of satisfying the decretal sum.…

…The appeal arises from the judgment delivered on 16 August 2024 in Mombasa CMELRC E112 of 2021.…

…the judgment is set aside.…

…The advocate realised that the matter proceeded to the hearing, and the case closed when the matter came up for mention on 17 March 2- 25, and judgment was allocated for 30 April 2025.…

…They will be prejudiced if the judgment is delivered with cross-examination of the claimant’s witness and being allowed to state their case in response.…

…Ali Amir Ali avers in his affidavit that the respondent has threatened to execute the judgment following a judgment that was delivered without the knowledge of the appellants.…

…The respondent served the appellants on 3 June 2024 and a mention Notice of 6 June 2024 and the court allocated a date for judgment on 15 August 2024 when the matter was mentioned and Judgment Notice for 16 August 2024 was…

…There is a judgment herein that has not been satisfied. The claimant avers that the judgment herein awarded him compensation of Ksh.129, 000 and general damages of Ksh.387, 000 plus costs.…

…In this case, the decree against the respondent as the judgment debtor is contested.…

…There is a judgment herein that has not been satisfied. The claimant avers that the judgment herein awarded him compensation of Ksh.129, 000 and general damages of Ksh.387, 000 plus costs.…

…In this case, the decree against the respondent as the judgment debtor is contested.…

…Judgment in this matter is shown to have been delivered on 7th July 2021 (Rika J,). The Claimant is shown to have been awarded kshs. 426,056 and costs of the suit. 2.…

…On 1/11/2022, the Respondent filed a Notice of Motion dated 10/11/2021 seeking, inter-alia, setting aside of this Court’s aforesaid judgment .…

…The ex-parte judgment delivered on 8 June 2021 should have been set aside and the appellant allowed leave to defend the claim.…

…One cannot remain outside court and once a judgment is issued seek to negate the entire process on the basis that there is a right to access justice.…

…It is deponed in the said affidavit:- a) that this Court delivered its judgment on 13/5/2022 and that aggrieved by the said judgment, the Respondent filed a Notice of Appeal dated 27/5/2022 and subsequently filed an application…

…The creed of the said documents of opposition is:- a) that the application seeks to execute a non-existent and/or a defective decree that does not conform to the judgment of 13/5/2022 in that the judgment awarded kshs. 2,556,935.50…