Joseph v Soy & another (Civil Application E499 of 2024) [2025] KECA 1115 (KLR) (20 June 2025) (Ruling)

Facts

The applicant failed to enter appearance and file a defence in the High Court of Kenya at Kajiado, leading to a default judgment. The applicant later applied to set aside the default judgment, which was dismissed. The applicant then applied for a stay of proceedings pending an appeal.

Issues

1. Whether the applicant has an arguable appeal against the default judgment.
2. Whether the respondents are impecunious or incapable of refunding the decretal amount.

Reasoning

The court found no merit in the applicant's appeal and dismissed her application. The court noted that the applicant admitted being served with summons but failed to enter appearance and file defence within the prescribed time. The court also found that the applicant did not provide evidence to support her claim that the trial court erred in its exercise of discretion.

Outcome

Application dismissed with costs

Authorities cited