[2025] KEHC 5286 (KLR)
The court found that although the 2nd Defendant was properly served and failed to enter appearance or file a defence, the Plaintiffs had not complied with Order 10 Rule 8 of the Civil Procedure Rules, which requires leave of court before entering default judgment against the Government and service of the application...
Source-derived case information.
- Citation
- [2025] KEHC 5286 (KLR)
- Parties
- Plaintiff: David Some Barno & 5 others; Defendant: Sayani Investments Limited & another
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case E260 of 2024
- Procedural Posture
- Civil Case / Ruling on Request for Judgment in Default
- Outcome
- Request for judgment in default declined; Plaintiffs directed to comply with Order 10 Rule 8.
- Judges
- SN Mutuku
- Legal Topics
- Default Judgment, Malicious Prosecution, Service of Process, Government as Defendant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Some Barno & 5 others
Plaintiff
Sayani Investments Limited & another
Defendant
Procedural Posture
Civil Case / Ruling on Request for Judgment in Default
Legal Issues
- 1 Whether judgment in default of appearance can be entered against the 2nd Defendant.
- 2 Whether the Plaintiffs complied with Order 10 Rule 8 of the Civil Procedure Rules before seeking default judgment against the Government.
Ratio Decidendi
The court found that although the 2nd Defendant was properly served and failed to enter appearance or file a defence, the Plaintiffs had not complied with Order 10 Rule 8 of the Civil Procedure Rules, which requires leave of court before entering default judgment against the Government and service of the application for leave at least seven days before the return date. As a result, the court declined to enter judgment in default and directed the Plaintiffs to comply with the procedural requirements before further directions could be issued.
Court Disposition
Request for judgment in default declined; Plaintiffs directed to comply with Order 10 Rule 8.
Orders
- Plaintiffs to comply with Order 10 Rule 8 of the Civil Procedure Rules before the court issues further directions.
Full Case Text
Judgment text and source record
22 paragraphs
Barno & 5 others v Sayani Investments Limited & another (Civil Case E260 of 2024) [2025] KEHC 5286 (KLR) (Civ) (30 April 2025) (Ruling)
Neutral citation: [2025] KEHC 5286 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Case E260 of 2024
SN Mutuku, J
April 30, 2025
Between
David Some Barno & 5 others & 5 others & 5 others & 5 others & 5 others & 5 others
Plaintiff
and
Sayani Investments Limited & another
Defendant
Ruling
1. This short ruling relates to directions of this court necessitated by the Request for Judgment made by counsel for the Plaintiffs. The request was made pursuant to Order 10 Rule 4 of the Civil ProcedureRules. It seeks entry of Judgment for:a.General damages for malicious prosecution.b.Punitive damagesc.Special damages amounting to Kshs 137,170,000/=d.Interest on (a), (b) and (c).
2. The request for judgment in default is directed at the 2nd Defendant, who has failed to enter appearance or file defence after service of the Plaint and Summons to enter Appearance.
3. The matter was mentioned before me on 29th April 2025. There was no representation of the 2nd Defendant.
4. From the record, it is clear that the Plaint and Summons to enter appearance were served on the 2nd Defendant on 9th December 2024. There is no appearance or defence entered in respect of the 2nd Defendant.
5. I have considered the request for judgment. I have noted that in making that request, Order 10 Rule 8 was not complied with. It provides as follows:No Judgment in default of appearance or pleading may be entered against the Government without leave of the court and any application for leave shall be served not less than seven days before the return day.
6. In view of the above, the Plaintiffs are hereby directed to comply with the above provisions before this court can issue directions on the hearing and determination of the instant suit.
DaTED, SIGNED AND DELIVERED THIS 30THDAY OF APRIL 2025. S. N. MUTUKUJUDGE