East African Paints & Mining Ltd v Grace Villas Resorts & another (Civil Appeal E802 of 2023) [2026] KEHC 4900 (KLR) (16 April 2026) (Judgment)

East African Paints & Mining Ltd v Grace Villas Resorts & another (Civil Appeal E802 of 2023) [2026] KEHC 4900 (KLR) (16 April 2026) (Judgment)

The trial court properly exercised its discretion in setting aside the ex parte judgment as there was credible doubt regarding service of summons, the Respondents’ proposed defence raised bona fide triable issues, and there was no clear waiver of the right to challenge service. The appellate court found no misdirection in law or principle by the trial court and declined to interfere with its discretion.

Citation
[2026] KEHC 4900 (KLR)
Parties
Appellant: East African Paints & Mining Ltd; 1st Respondent: Grace Villas Resorts; 2nd Respondent: Laibon Villa Guest House
Court
High Court
Jurisdiction
Kenya
Judgment Date
16 April 2026
Case Number
Civil Appeal E802 of 2023
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Setting Aside Ex Parte Judgment, Service of Summons, Exercise of Judicial Discretion
Source Language
English
Civil Procedure Setting Aside Ex Parte Judgment Service of Summons Exercise of Judicial Discretion

Case Brief

Summary, issues, holding and outcome

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Parties

East African Paints & Mining Ltd

Appellant

Grace Villas Resorts

1st Respondent

Laibon Villa Guest House

2nd Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court erred in setting aside the ex parte judgment for want of proper service
  2. 2 Whether the trial court properly exercised its discretion in allowing the application to set aside judgment
  3. 3 Whether the proposed defence raised triable issues

Ratio Decidendi

The trial court properly exercised its discretion in setting aside the ex parte judgment as there was credible doubt regarding service of summons, the Respondents’ proposed defence raised bona fide triable issues, and there was no clear waiver of the right to challenge service. The appellate court found no misdirection in law or principle by the trial court and declined to interfere with its discretion.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs to the Respondents.
  • Lower court file to be sent back to the lower court.