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Educational sample. Replace bracketed fields using your evidence.
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL DIVISION
CIVIL APPEAL NO [number] OF [year]
[Appellant] — APPELLANT
VERSUS
[Respondent] — RESPONDENT
RESPONDENT’S APPEAL SUBMISSIONS
Filed for: [identify party and procedural capacity]
Decision/application addressed: [identify the actual challenged order or pending issue]
Relevant record: [bundle or appeal-record references].
ISSUES AND SUBMISSIONS
ORDER CHALLENGED AND LEGAL SCOPE
This appeal concerns refusal to set aside the default judgment, not an unrestricted first trial of the invoice claim. Identify the challenged ruling and the legal errors actually advanced. Section 38(1) confines an SCC appeal to matters of law. The respondent relies on the participation, service and defence material that was before the adjudicator. The record passage relied on is [insert accurate bundle or proceedings references].
SPECIAL COURT PROCEDURE
The applicable SCC provisions and rules must be examined rather than importing Order 5 of the Civil Procedure Rules without analysis. Rules 35 and 36 address service and proof; alternative service under rule 8 requires attention to the actual order. The record passage relied on is [insert accurate bundle or proceedings references].
APPEARANCE AND SERVICE OBJECTION
The filed appearance and procedural conduct mattered in the source decision. That conclusion is confined to the record and does not authorise routine email service without proper directions. The record passage relied on is [insert accurate bundle or proceedings references].
DEMONSTRATING A DEFENCE
A triable issue should be identified concretely and supported by the proposed response and records. The absence of a proposed defence in the source application affected the claim that there was a genuine answer on the merits. The record passage relied on is [insert accurate bundle or proceedings references].
SEPARATE INVOICES
Payment for a different transaction does not automatically discharge the claimed Nairobi invoice. The respondent must link the credit to this debt; the supplier must disclose any credit that actually belongs to it. The record passage relied on is [insert accurate bundle or proceedings references].
PROCEDURAL POSITION
These are appellate submissions on matters of law; they do not add a new factual claim or serve as fresh evidence.
ORDERS REQUESTED
Dismiss the appeal from the ruling refusing to set aside the default judgment, with costs as the Court determines.
DATED at [place] this [day] of [month] [year].
[Party or advocate signature]
[Name and capacity]
[Address for service]
TO: [opposing party or advocate, verified service details].
Need a court document? Have an advocate prepare it.
Tell us about your dispute and the court involved. Request a document drafted for your facts, with your evidence and the relief you need.
An advocate confirms availability, scope and fees before accepting your matter.Educational reconstruction based on a published Kenyan judicial decision. This is newly drafted sample wording, not the original filed document and not a case handled by our team. Parties and identifying details are replaced with fields for completion. The source judgment may display original public case details.
Purpose and correct procedural stage
Looking for a respondent’s appeal submissions for opposing set-aside of a supplier invoice default judgment in Nairobi? This page provides a reconstructed draft for Milimani High Court — Civil Division, with editable Word and PDF downloads. A Kenyan lawyer or advocate can adapt the document to the correct party, evidence and procedural stage.
Use the formal section only after completing the fields from the actual record. The educational notes and later outcome are separate from the draft and should not be filed as allegations that existed at the earlier stage. Keep the actual party’s legal position: Supplier resisting set-aside. Confirm the applicable appeal period, the actual order under challenge and current filing directions. Section 38(1) restricts this SCC appeal to matters of law; the judgment discusses the relevant procedural framework.
Evidence and adaptation checks
Claim and invoice: Identify the precise unpaid transaction. Record to locate: Claimed Nairobi invoice, orders and delivery records.
Service record: Establish what method was used and its lawful basis. Record to locate: Actual return, transmissions and any alternative-service order.
Appearance: Consider participation and the particular service objection. Record to locate: Filed memorandum or record of appearance and subsequent conduct.
Set-aside papers: Test the explanation and asserted triable issues without fabricating a missing defence. Record to locate: Application, affidavit and any proposed defence actually filed.
Other invoice: Prevent misallocation of a payment from a different transaction. Record to locate: Separate invoice and credit records relied on by respondent.
Do not invent a draft defence that the source says was missing, or declare email service invariably valid. Use the actual service and appearance record.
What happened later — educational context only
The application to set aside was dismissed, and the later appeal was also dismissed. The court considered participation, procedural requirements and the failure to demonstrate the asserted defence.
The sample was drafted retrospectively from the published reasons. It is not evidence that these exact words, schedules or documents were filed in the source proceedings. Factual assertions must be verified independently before any real filing.
Source judgment and filing review
[2026] KEHC 13389 (KLR) — https://sheriahub.com/cases/ke/caselaw/boma-hotel-ta-red-court-hotel-ltd-v-brandables-ea-ltd-2026-kehc-13389-klr
Full published judicial text, including final orders, reviewed 8 October 2026. The linked text is a reproduction of the judicial decision. The sample cites that decision as its factual and procedural starting point, not as a guarantee of another case’s outcome.
Before use, a qualified Kenyan advocate should check current legislation and rules, court competence, limitation or appeal time, prescribed forms, electronic-record foundations, service and registry directions. Do not copy historic contract terms into a different transaction.
Court and legal guidance
Milimani High Court — Civil Division profile · Analysis of the source decision
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