Kondowa v Abyssinia Iron & Steel Limited & another (Employment and Labour Relations Appeal E003 of 2025) [2025] KEELRC 2924 (KLR)
The bottom line
#A Kenyan court has confirmed that a default judgment won against a party who was never properly served will be thrown out as a matter of right.
What this practically means
#Executive summary
#Key legal issues
#Whether the default judgment was regular or irregular
The judgment was irregular because the Respondents were found not to have been properly served, hence it was properly set aside as of right
The trial court found, based on the affidavit in support of the setting-aside application, that there was no proper service. Where a judgment is entered against a defendant not properly served, it is irregular and set aside ex debito justitiae; the court need not consider triable issues or delay. The appellate court found no basis to disturb the trial court's discretionary finding.
Whether the appellate court should interfere with the trial court's exercise of discretion
No; the discretion was exercised judiciously and was supported by the evidence
An appellate court will not interfere with a lower court's exercise of discretion unless it is clearly wrong due to misdirection, reliance on wrong matters, or failure to consider relevant matters resulting in a wrong conclusion. The Appellant advanced no compelling reason to disagree with the trial court's finding.
Legal principles established
#- A first appellate court should not interfere with the exercise of discretion by an inferior court unless satisfied the decision is clearly wrong due to misdirection or misappreciation of relevant matters
- A default judgment entered against a defendant not properly served is irregular and must be set aside as a matter of right, without inquiry into triable issues or delay
Court orders
#- 1.Appeal dismissed
- 2.Each party shall bear their own costs of this appeal
- On appeal from
- Chief Magistrate's Court, Eldoret
- CMCC No. E069 of 2023
- Jurisdiction invoked
- First appellate jurisdiction over the ruling of the Senior Principal Magistrate (the judgment does not cite the enabling provision)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kondowa v Abyssinia Iron & Steel Limited & another (Employment and Labour Relations Appeal E003 of 2025) [2025] KEELRC 2924 (KLR)", Case Analysis (2025). Eldoret CMCC No. E069 of 2023 (appeal therein; Memorandum of Appeal dated 7th February, 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2924/eng@2025-10-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.