Mghana v Machanga [2025] KEHC 8854 (KLR)

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 ONGERIJUDGEIn the presence of:-Court Assistant: MainaMr. Wamalwa for the AppellantMr. Kazungu for the Respondent