[2025] KEHC 9939 (KLR)
The court found that the defendants were duly served with the summons, plaint, and supporting documents, as evidenced by the affidavit of service. Despite this, the defendants failed to enter appearance or file a defence within the required time. The respondent's counsel appeared in court and admitted the debt but...
Source-derived case information.
- Citation
- [2025] KEHC 9939 (KLR)
- Parties
- Plaintiff: Trident Insurance Company Limited; Defendant: County Government of West Pokot; Defendant: Public Service Board West Pokot County; Defendant: County Secretary County Government of West Pokot; Defendant: Chief Officer Department of Public Service County Government of West Pokot
- Court
- High Court
- Court Station
- High Court at Kapenguria
- Jurisdiction
- Kenya
- Case Number
- Civil Case E002 of 2025
- Procedural Posture
- Civil Case / Ruling on Application for Leave to Enter Judgment in Default of Appearance
- Outcome
- Leave granted to enter judgment in default of appearance against the defendants, with costs to the applicant.
- Judges
- RPV Wendoh
- Legal Topics
- Contract Enforcement, Default Judgment, Public Entity Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Trident Insurance Company Limited
Plaintiff
County Government of West Pokot
Defendant
Public Service Board West Pokot County
Defendant
County Secretary County Government of West Pokot
Defendant
Chief Officer Department of Public Service County Government of West Pokot
Defendant
Procedural Posture
Civil Case / Ruling on Application for Leave to Enter Judgment in Default of Appearance
Legal Issues
- 1 Whether the applicant is entitled to leave to enter judgment in default of appearance against the defendants.
- 2 Whether the defendants were properly served with summons and failed to enter appearance or file defence.
- 3 Whether the applicant is entitled to the outstanding contractual sum claimed.
Ratio Decidendi
The court found that the defendants were duly served with the summons, plaint, and supporting documents, as evidenced by the affidavit of service. Despite this, the defendants failed to enter appearance or file a defence within the required time. The respondent's counsel appeared in court and admitted the debt but sought more time to pay, citing budgetary constraints. The court held that mere acknowledgment of debt and request for time to pay, without entering appearance or filing a defence, does not preclude the plaintiff from seeking judgment in default. The applicant satisfied the requirements for entry of judgment in default of appearance, and the court granted leave to enter judgment...
Court Disposition
Leave granted to enter judgment in default of appearance against the defendants, with costs to the applicant.
Orders
- Leave is granted to the applicant to enter judgment in default of appearance against the defendants as prayed in the chamber summons dated 4/6/2025.
- Costs of the application are awarded to the applicant.
Full Case Text
Judgment text and source record
28 paragraphs
Trident Insurance Company Limited v County Government of West Pokot & 3 others (Civil Case E002 of 2025) [2025] KEHC 9939 (KLR) (10 July 2025) (Ruling)
Neutral citation: [2025] KEHC 9939 (KLR)
Republic of Kenya
In the High Court at Kapenguria
Civil Case E002 of 2025
RPV Wendoh, J
July 10, 2025
Between
Trident Insurance Company Limited
Plaintiff
and
County Government of West Pokot
1st Defendant
Public Service Board West Pokot County
2nd Defendant
County Secretary County Government of West Pokot
3rd Defendant
Chief Officer Department of Public Service County Government of West Pokot
4th Defendant
Ruling
1. Before me is the chamber summons dated 4/6/2025 in which the applicant, Trident Insurance Company Limited seeks that leave be granted to enter Judgment in default of appearance against the County Government of West Pokot, County Public Service Board West Pokot County; County Secretary County Government of West Pokot and Chief Officer Department of Public Service County Government of West Pokot (the 1,2,3 and 4th Defendant/ Respondents).
2. The grounds upon which the application is made are that the plaintiff filed this suit on 2/5/2025 seeking payment of outstanding contractual sum of Kshs.29,733,957/= interest and costs against the defendant/Respondents for nonpayment of comprehensive medical cover for their staff; that the defendants were served with summons to enter appearance, plaint, verifying affidavit and list of documents which they received; that despite service of summons; the Respondent has neither entered appearance nor filed defence, and have failed to pay the sums demanded.
3. The application was supported by the Affidavit of Diamond Hasham Lalji Nurani, a director of the plaintiff/applicant. He reiterated the grounds upon which the application is premised;
4. Though the Respondents had not entered appearance, Ms. Cheruto, Counsel for the Respondents, appeared in court for the Respondent’s and acknowledged that the sum of Kshs.29,733,957/= is owed by the Respondent to the applicant but that they are unable to pay immediately and they seek time to pay it latest by end of October, 2025 in this new financial year 2025/2026; that they have been unable to settle the whole sum because of budgetary constraints.
5. Mr. Langat Counsel for the applicants opposed the adjournment and urged that the application be granted because the Respondent made part payment but neglected to pay the balance and that the orders may be granted and execution process to follow.
6. I have considered the application and confirm that the Respondents were duly served with the application on 30/6/2025 in terms of the Affidavit of Service dated 1/7/2025. Ms. Cheruto, Counsel for the Respondent has come to court in response to the said service.
7. No appearance or defence have been filed and the Respondent prays for time to pay the claimed sum. I find that the applicant is deserving of the orders sought in the Chamber Summons dated 4/6/2025 and I grant leave to enter judgment as prayed, with costs to the applicant.
DATED, SIGNED AND DELIVERED ON 10TH DAY OF JULY, 2025HON. R. WENDOHJUDGERuling delivered virtually in presence of; -Applicant – Mr. Langat and Mr. KipkorirRespondent – Ms. CherutoJuma/Hellen- Court Assistants