Gathoni v Chege (Civil Miscellaneous E231 of 2023) [2025] KEHC 15737 (KLR) (3 November 2025) (Ruling)
- Court
- High Court of Kenya
- Case number
- 15737
- Citation
- [2025] KEHC 15737 (KLR)
- Decided
- 3 November 2025
Summary at a glance
TypeCivil MiscellaneousPostureAppeal from an earlier rulingCoramDO CHEPKWONY
The Notice of Motion application is dismissed with costs to the respondent.
Facts
The applicant failed to deposit the decretal sum within 30 days as ordered by the court, and did not appear in court to confirm compliance.
Issues
- Non-compliance with court orders
- Enforcement of default clause
Reasoning
The court found the applicant in default due to non-compliance with the court orders and failure to appear in court.
Outcome
Appeal dismissed
Orders
- Notice of Motion application dated 30th November, 2023 is hereby dismissed with costs to the respondent
- Interim orders in place are discharged
- Appeal file opened and original record to be called for and availed as directed on 9th September, 2025
- Mention on 20th January, 2026 for parties to take directions on hearing of the appeal
- Directions/orders and Notice to be served upon the applicant and or its counsel
Remedies
- Costs to the respondent
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