Macharia v Kanyi (Civil Appeal 320 of 2017) [2026] KEHC 4937 (KLR) (Civ) (15 April 2026) (Judgment)

Macharia v Kanyi (Civil Appeal 320 of 2017) [2026] KEHC 4937 (KLR) (Civ) (15 April 2026) (Judgment)

The trial court erred by awarding thrown away costs against the appellant after finding the interlocutory judgment irregular. Costs should not be imposed on a party who successfully demonstrates that a judgment was improperly entered. The High Court is entitled to interfere with the trial court’s discretion in these circumstances.

Citation
[2026] KEHC 4937 (KLR)
Parties
Appellant: Titus Mwangi Macharia; Respondent: Peter Ndirangu Kanyi
Court
High Court
Jurisdiction
Kenya
Judgment Date
15 April 2026
Case Number
Civil Appeal 320 of 2017
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Setting Aside Default Judgment, Thrown Away Costs, Judicial Discretion, Service of Summons
Source Language
English
Civil Procedure Tort Law Setting Aside Default Judgment Thrown Away Costs Judicial Discretion Service of Summons

Case Brief

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Parties

Titus Mwangi Macharia

Appellant

Peter Ndirangu Kanyi

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial magistrate erred in awarding thrown away costs of Kshs. 100,000 to the respondent
  2. 2 Whether the High Court should interfere with the trial court’s exercise of discretion in the impugned ruling
  3. 3 Who bears the costs of the appeal

Ratio Decidendi

The trial court erred by awarding thrown away costs against the appellant after finding the interlocutory judgment irregular. Costs should not be imposed on a party who successfully demonstrates that a judgment was improperly entered. The High Court is entitled to interfere with the trial court’s discretion in these circumstances.

Court Disposition

appeal allowed

Orders

  • The trial court’s decision to set aside the default judgment is affirmed.
  • The order awarding the respondent thrown away costs of Kshs. 100,000 is set aside.