Kasamani v Keya (Commercial Case E321 of 2025) [2026] KEHC 5977 (KLR) (Commercial and Tax) (30 April 2026) (Ruling)

Kasamani v Keya (Commercial Case E321 of 2025) [2026] KEHC 5977 (KLR) (Commercial and Tax) (30 April 2026) (Ruling)

The proposed defence raises triable issues including part payment, set-off, and counterclaim, which warrant determination at trial. The Court's primary concern is substantive justice, and denying relief would shut out a party from being heard. The interlocutory judgment is set aside to allow the Defendant to defend the suit.

Citation
[2026] KEHC 5977 (KLR)
Parties
Plaintiff: Charles Lutta Kasamani; Defendant: Philip Indiaka Keya
Court
High Court
Jurisdiction
Kenya
Judgment Date
30 April 2026
Case Number
Commercial Case E321 of 2025
Procedural Posture
Commercial Civil Suit / Ruling on Application to Set Aside Interlocutory Judgment
Outcome
Application allowed; interlocutory judgment set aside.
Legal Topics
Setting Aside Default Judgment, Interlocutory Judgment, Defence Filing Timelines, Counterclaim, Set Off
Source Language
English
Civil Procedure Commercial Law Setting Aside Default Judgment Interlocutory Judgment Defence Filing Timelines Counterclaim Set Off

Case Brief

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Parties

Charles Lutta Kasamani

Plaintiff

Philip Indiaka Keya

Defendant

Procedural Posture

Commercial Civil Suit / Ruling on Application to Set Aside Interlocutory Judgment

Legal Issues

  1. 1 Whether the interlocutory judgment entered on 26th July 2025 should be set aside

Ratio Decidendi

The proposed defence raises triable issues including part payment, set-off, and counterclaim, which warrant determination at trial. The Court's primary concern is substantive justice, and denying relief would shut out a party from being heard. The interlocutory judgment is set aside to allow the Defendant to defend the suit.

Court Disposition

Application allowed; interlocutory judgment set aside.

Orders

  • Interlocutory judgment entered on 26th July 2025 and all consequential orders set aside.
  • Defendant to file and serve Statement of Defence and Counterclaim within fourteen days upon payment of requisite fees.