Mghana v Machanga (Civil Appeal E062 of 2024) [2025] KEHC 8854 (KLR) (29 January 2025) (Ruling) Neutral citation: [2025] KEHC 8854 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT VOI CIVIL APPEAL E062 OF 2024 AN ONGERI, J JANUARY 29, 2025 BETWEEN BEN MGHANA ........................................................................................ APPELLANT AND DOMINIC MWAMBURI MACHANGA ........................................... RESPONDENT RULING 1. Since the exparte judgment was set aside, the Respondent is entitled to thrown away costs. 2. In order to expedite the hearing of the primary suit, the Appellant is directed to pay thrown away costs of Kshs. 30,000/= within 30 days. 3. The original file to be returned to the lower court for hearing. 4. The suit to be prosecuted within 60 days of this. DATED, SIGNED AND DELIVERED THIS 29TH DAY OF JANUARY 2025 IN OPEN COURT AT VOI. ASENATH ONGERI JUDGE In the presence of:Court Assistant: Maina Mr. Wamalwa for the Appellant Mr. Kazungu for the Respondent https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/8854/eng@2025-01-29 1
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.