Mwaniki v Nderitu & another (Civil Appeal E014 of 2025) [2026] KEHC 4986 (KLR) (17 April 2026) (Judgment)

Mwaniki v Nderitu & another (Civil Appeal E014 of 2025) [2026] KEHC 4986 (KLR) (17 April 2026) (Judgment)

The appellant was properly served with summons and notices, failed to take action for over five years without satisfactory explanation, and the draft defence did not raise triable issues; therefore, the trial court was justified in dismissing the application to set aside the default judgment.

Source-derived case information.

Citation
[2026] KEHC 4986 (KLR)
Parties
Appellant: Sarah Njeri Mwaniki; 1st Respondent: Charles Wanjohi Nderitu; 2nd Respondent: Mary Wairimu Kanyingi
Court
High Court
Jurisdiction
Kenya
Judgment Date
17 April 2026
Case Number
Civil Appeal E014 of 2025
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Default Judgment, Setting Aside Judgment, Service of Process, Appeals
Source Language
english
Civil Procedure Default Judgment Setting Aside Judgment Service of Process Appeals

Source-derived case record

Summary, issues, holding and outcome

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Parties

Sarah Njeri Mwaniki

Appellant

Charles Wanjohi Nderitu

1st Respondent

Mary Wairimu Kanyingi

2nd Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court erred in dismissing the application to set aside ex parte judgment
  2. 2 Whether the default judgment was regularly or irregularly entered
  3. 3 Whether the appellant was properly served with summons

Ratio Decidendi

The appellant was properly served with summons and notices, failed to take action for over five years without satisfactory explanation, and the draft defence did not raise triable issues; therefore, the trial court was justified in dismissing the application to set aside the default judgment.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed in its entirety
  • Costs to be met by the appellant