[2025] KEHC 8854 (KLR)

[2025] KEHC 8854 (KLR)

The court held that since the ex parte judgment had been set aside, the respondent was entitled to thrown away costs as compensation for the inconvenience and expenses occasioned by the setting aside. The court further exercised its discretion to direct the appellant to pay Kshs. 30,000 as thrown away costs within...

Source-derived case information.

Citation
[2025] KEHC 8854 (KLR)
Parties
Appellant: Ben Mghana; Respondent: Dominic Mwamburi Machanga
Court
High Court
Court Station
High Court at Voi
Jurisdiction
Kenya
Case Number
Civil Appeal E062 of 2024
Procedural Posture
Civil Appeal / Ruling on Costs and Directions After Setting Aside Ex Parte Judgment
Outcome
Application for setting aside ex parte judgment allowed; costs awarded to respondent; directions issued for expeditious hearing.
Judges
AN Ongeri
Legal Topics
Setting Aside Ex Parte Judgment, Costs Awards, Case Management, Return of Record
Source Language
en
Civil Procedure Setting Aside Ex Parte Judgment Costs Awards Case Management Return of Record

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ben Mghana

Appellant

Dominic Mwamburi Machanga

Respondent

Procedural Posture

Civil Appeal / Ruling on Costs and Directions After Setting Aside Ex Parte Judgment

Legal Issues

  1. 1 Whether the respondent is entitled to thrown away costs after the ex parte judgment was set aside.
  2. 2 What directions should be given to expedite the hearing of the primary suit.

Ratio Decidendi

The court held that since the ex parte judgment had been set aside, the respondent was entitled to thrown away costs as compensation for the inconvenience and expenses occasioned by the setting aside. The court further exercised its discretion to direct the appellant to pay Kshs. 30,000 as thrown away costs within 30 days to avoid further delay. To expedite the hearing of the primary suit, the court ordered the original file to be returned to the lower court and directed that the suit be prosecuted within 60 days. These measures were deemed necessary to balance the interests of justice and ensure efficient case management.

Court Disposition

Application for setting aside ex parte judgment allowed; costs awarded to respondent; directions issued for expeditious hearing.

Orders

  • Appellant to pay thrown away costs of Kshs. 30,000 to the respondent within 30 days.
  • Original file to be returned to the lower court for hearing.