Summary of the case history and key outcomes based on the three rulings/judgments you provided:
Case: Darson Trading Limited v Daniel Onyango Oketch (Civil Appeal E004 of 2023)
Background
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Darson Trading sold a motor vehicle to Oketch via hire purchase.
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Oketch sued Darson, alleging major defects, high repair costs (Kshs 450,000+), and sought to bar repossession and recover damages.
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The trial proceeded ex parte because Darson did not defend the case.
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Judgment (30 August 2022): Oketch awarded Kshs 250,000 general damages + Kshs 1,850,000 special damages.
Key Applications and Appeals
1. First Ruling – 30 June 2023
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Darson sought a stay of execution pending appeal.
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Issue: Whether the application was res judicata (already decided).
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Court found Darson had already been granted leave to defend (conditioned on depositing the decretal sum and paying throwaway costs).
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Darson had not complied with those conditions.
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Outcome:
➔ Application dismissed.
➔ Reason: Application was abuse of court process, res judicata, and non-compliance with previous court orders.
2. Second Ruling – 16 February 2024
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Darson filed another application (dated 24 October 2023) seeking reinstatement of an earlier application that had been dismissed for non-attendance.
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The court blamed Darson’s advocate for failing to follow up after filing under certificate of urgency.
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Although critical of the laxity, the court emphasized substantive justice.
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Outcome:
➔ Application to reinstate allowed with costs to Oketch.
➔ Court stressed that lawyers must follow up urgently filed matters themselves.
3. Final Judgment – 20 September 2024
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Main issue: Whether the trial court exercised discretion wrongly by imposing strict conditions (deposit of entire decretal sum, pay Kshs 50,000 throwaway costs).
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Court findings:
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Service on Darson was considered proper despite minor technicalities.
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A default judgment was thus regular.
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Since Darson had no strong excuse for default but had arguable defences, strict conditions were justified.
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Appeal was misconceived; essentially asking the High Court to re-grant orders already granted (which is res judicata).
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Outcome:
➔ Appeal dismissed with costs.
➔ Court emphasised Darson’s dilatory conduct and repeated failure to comply with procedural directions.
Summary of the Court’s Tone
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The court was highly critical of Darson and its lawyers for persistent procedural neglect.
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It insisted that court processes must be respected and orders complied with.
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"Justice must be done, but through orderly and diligent conduct," not through repeated procedural abuse.
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