Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Kenya decisions
Decisions matching the current search
Ruiru v Kionge & another [2025] KEELC 5423 (KLR)
The court declined to set aside the consent reviving the suit, but held that summons to enter appearance had to be prepared and served on the substituted defendants.
Maganga v Jenebys Enterprises Limited [2025] KEELRC 2004 (KLR)
The court set aside an interlocutory judgment after finding the affidavit of service was defective and service of summons had been irregular.
Chege & another v Kibui [2025] KEELC 4976 (KLR)
The court set aside an ex parte judgment and struck out the proceedings after finding the defendant was denied a fair chance to participate because of irregularities in representation.
Denman Properties Limited v County Land Registrar Kilifi & 9 others [2025] KEHC 9726 (KLR)
The High Court at Malindi dismissed an application to defer a ruling on setting aside a consent judgment, finding the request for cross-examination unnecessary and dilatory.
Midigo v Mwangi [2025] KEHC 9125 (KLR)
The High Court found that the trial magistrate erred by presuming service of summons in the absence of an affidavit of service, as required by Order 5 of the Civil Procedure Rules. The court held that proof of service is a fundamental prerequisite for valid proceedings, and the respondent failed to strictly prove service on the appellant. The court further found that the appellant's claim of not instructing the firm of J. Mburu & Company Advocates was a critical factor that was not adequately addressed by the trial court. The magistrate's reliance on the entry of appearance and the age of the…
Source excerpt
Njuguna & another (Suing as the Legal Representative of the Estate of Benson Kimani Muchohi - Deceased) v Sarbor Enterprises [2025] KEHC 9215 (KLR)
The court found that the defendant was properly served with summons to enter appearance through substituted service, as personal service was impracticable and the court had granted leave for service by advertisement in the Daily Nation. The defendant's argument that not everyone reads the newspaper was rejected as insufficient to invalidate service. The court held that the interlocutory judgment entered was regular and valid. However, upon examining the draft defence, the court determined that it raised triable issues, including denial of negligence and claims of contributory negligence, whic…
Source excerpt
Osembe v Kipkai Enterprises Limited [2025] KECA 1126 (KLR)
The Court of Appeal upheld the refusal to set aside an ex parte judgment, finding that summons had been properly served and the application was delayed.
Chepngok v Metto & another (Suing as the Administrators of the Late Elizabeth Jepchonge Sirma) [2025] KEELC 4620 (KLR)
The appellate court found that there was no evidence the appellant was ever served with summons to enter appearance or pleadings as required by law. The process server's affidavit was deficient, and no summons were extracted or served. This omission was fatal and resulted in the abatement of the respondents' suit after 30 days from filing, depriving the trial court of jurisdiction to proceed or enter judgment. Consequently, the ex-parte proceedings, judgment, and decree were nullities ab initio. The trial court misdirected itself in law and fact by failing to recognize these defects and by di…
Source excerpt
Kihara v Mathenge [2025] KEHC 7914 (KLR)
The High Court dismissed an appeal against refusal to set aside an ex parte judgment, finding service of summons was proper and the judgment regular.
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.
Explore more
