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Kenya decisions
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Lua & another v Nzioka & 7 others [2025] KEELC 4086 (KLR)
The Environment and Land Court at Makueni set aside a regular interlocutory judgment for failure to file defence and granted 14 days to defend.
Kariuki v Sheria Sacco Society Limited [2024] KECPT 1724 (KLR)
The tribunal found that the respondent's explanation for the delay in filing the statement of defence was excusable, attributing it to internal bureaucratic mishaps within a large organization. The tribunal held that parties should not be punished for mistakes not entirely their own, especially where a reasonable explanation is provided. The substantive issues in the claim, such as the amount saved by the claimant's mother and the benefits due, warranted determination on merit. The tribunal further held that any prejudice to the claimant could be compensated by costs. Accordingly, the tribuna…
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Nyamweya v Chairman, Secretary, Treasurer Imara Daima Adventist Academy [2024] KEELRC 2290 (KLR)
The court dismissed an application to set aside a default judgment, finding the delay unexplained, the draft defence insubstantial, and no sufficient cause shown.
St Mary’s Tachasis Secondary School v Leev Contractors [2024] KEHC 11021 (KLR)
The High Court found that the default judgment was regularly entered after proper service on the appellant, and that the appellant failed to provide a sufficient or excusable reason for the delay in filing a response. The court emphasized that the Small Claims Court Act requires promptness and efficiency, and that the Office of the Attorney General is devolved, so no adequate explanation was given for the delay. The appellant had admitted the debt and made part payments, making the likelihood of a successful defence minimal. The trial court exercised its discretion properly in refusing to set…
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Joint Commercial Suppliers Limited v County Government of Kiambu [2024] KEHC 9780 (KLR)
The High Court at Kiambu held the application for interlocutory judgment in abeyance and allowed the Defendant’s defence to be filed out of time.
Musungu v Human Capital Proactive Consultants Ltd [2024] KEELRC 1895 (KLR)
The court dismissed an application to set aside an ex parte judgment, finding the respondent had been duly served, offered no justifiable explanation, and delayed inordinately.
Rehema Academy & Computer School v Mbugua & 2 others [2023] KEHC 19369 (KLR)
The court found that the appellant was duly served and entered appearance but failed to file its defence within the stipulated period, resulting in a default judgment. The appellant's application to set aside the judgment was filed two years after entry of judgment, which the court deemed inordinate delay. The appellant failed to provide a satisfactory explanation for the delay, merely blaming its advocates and insurer without demonstrating concrete steps taken to remedy the situation. The court held that the responsibility to prosecute the case lay with the appellant, not its advocates. The…
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Corporate and Pensions Trust Services Ltd v Kenya Railways Corporation & another [2023] KEHC 1810 (KLR)
The High Court set aside an interlocutory judgment against Kenya Railways Corporation and its pension scheme, finding the defences raised triable issues.
Jumuika Sacco Society Ltd v Otieno [2023] KECPT 70 (KLR)
The Cooperative Tribunal declined to set aside an ex parte judgment, finding the respondent had notice of the case, delayed for two years, and raised no triable defence.
Alpha Dynamics Limited v Super Mega Construction Ltd [2022] KEHC 16406 (KLR)
The High Court set aside a default judgment after finding the defendant gave a plausible explanation for delay and raised triable issues in its draft defence.
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