[2025] KECPT 371 (KLR)

[2025] KECPT 371 (KLR)

The Tribunal found that the applicant was properly served with all relevant pleadings, summons, and notices at her last known address, and that she failed to enter appearance or file a defence despite multiple opportunities. The Tribunal was not persuaded that the default judgment was irregular or that the applicant had raised any triable issues regarding the loan or the accrued amount, as she admitted to taking the loan and defaulting. The Tribunal exercised its discretion to review the interest rate awarded in the judgment, reducing it from 24% per annum to the Tribunal rate of 12% per annum, but otherwise declined to set aside the judgment. The application to set aside the default...

Citation
[2025] KECPT 371 (KLR)
Parties
Plaintiff: Henry Isaiah Kathia Mutea; Defendant: Kabaka Christine Kiringa
Court
Cooperative Tribunal
Jurisdiction
Kenya
Judgment Date
10 July 2025
Case Number
Tribunal Case 58 of 2020
Procedural Posture
Miscellaneous Application / Ruling on Application to Set Aside Default Judgment
Outcome
application dismissed with costs; judgment reviewed as to interest rate only
Judges
Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
Legal Topics
Setting Aside Default Judgment, Service of Process, Loan Default, Interest Rates
Source Language
English
Civil Procedure Banking and Finance Setting Aside Default Judgment Service of Process Loan Default Interest Rates

Case Brief

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Parties

Henry Isaiah Kathia Mutea

Plaintiff

Kabaka Christine Kiringa

Defendant

Procedural Posture

Miscellaneous Application / Ruling on Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the default judgment entered on 25th January, 2023 should be set aside.
  2. 2 Whether the defendant was properly served with pleadings and summons to enter appearance.
  3. 3 Whether there are triable issues raised by the defendant to warrant setting aside the judgment.

Ratio Decidendi

The Tribunal found that the applicant was properly served with all relevant pleadings, summons, and notices at her last known address, and that she failed to enter appearance or file a defence despite multiple opportunities. The Tribunal was not persuaded that the default judgment was irregular or that the applicant had raised any triable issues regarding the loan or the accrued amount, as she admitted to taking the loan and defaulting. The Tribunal exercised its discretion to review the interest rate awarded in the judgment, reducing it from 24% per annum to the Tribunal rate of 12% per annum, but otherwise declined to set aside the judgment. The application to set aside the default...

Court Disposition

application dismissed with costs; judgment reviewed as to interest rate only

Orders

  • The Notice of Motion Application dated 2nd January, 2025 is dismissed with costs.
  • The judgment entered on 25th January, 2023 is reviewed to award the sum of Kshs. 178,828.14 together with interest at Tribunal rates (12% per annum) from the date of filing until payment in full, together with costs.