Security Alert Services Limited & another v Karari (Civil Appeal E1361 of 2024) [2026] KEHC 5775 (KLR) (Civ) (30 April 2026) (Judgment)

Security Alert Services Limited & another v Karari (Civil Appeal E1361 of 2024) [2026] KEHC 5775 (KLR) (Civ) (30 April 2026) (Judgment)

The appeal fails because the ex-parte judgment was regular, proper service of summons and notices was established, and the Appellants' prolonged failure to defend was not excusable. No evidence supported the Appellants' claims of non-service or irregularity. The trial court correctly exercised its discretion and the alleged execution irregularities do not affect the validity of the judgment.

Citation
[2026] KEHC 5775 (KLR)
Parties
Appellant: Security Alert Services Limited; Appellant: Joseph Gachuhi Muthanji; Respondent: Paul Ndirangu Karari
Court
High Court
Jurisdiction
Kenya
Judgment Date
30 April 2026
Case Number
Civil Appeal E1361 of 2024
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Setting Aside Ex Parte Judgment, Service of Summons, Judicial Discretion, Road Traffic Accident, Compensatory Damages
Source Language
English
Civil Procedure Tort Setting Aside Ex Parte Judgment Service of Summons Judicial Discretion Road Traffic Accident Compensatory Damages

Case Brief

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Parties

Security Alert Services Limited

Appellant

Joseph Gachuhi Muthanji

Appellant

Paul Ndirangu Karari

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the ex-parte judgment dated 7th July 2022 was regular and should be set aside
  2. 2 Whether the Appellants demonstrated excusable mistake or sufficient cause for non-attendance
  3. 3 Whether alleged irregularities in execution warrants affect the validity of the judgment

Ratio Decidendi

The appeal fails because the ex-parte judgment was regular, proper service of summons and notices was established, and the Appellants' prolonged failure to defend was not excusable. No evidence supported the Appellants' claims of non-service or irregularity. The trial court correctly exercised its discretion and the alleged execution irregularities do not affect the validity of the judgment.

Court Disposition

appeal dismissed

Orders

  • The appeal is wholly dismissed.
  • The Appellants shall jointly and separately bear the costs of the appeal.