the-star.co.ke·2 min read·medium

Boma Hotel loses appeal to quash Sh391,233.89 debt

Boma Hotel loses appeal to quash Sh391,233.89 debt
AI Summary

The High Court in Nairobi has dismissed an appeal by Boma Hotel to set aside a default judgment requiring it to pay over Sh391,000 to Brandables E.A. Limited. The court found the hotel had been properly served and failed to respond, leading to the ruling.

Why it matters

This case highlights the strict enforcement of procedural rules in Small Claims Courts and the legal consequences for businesses that ignore debt-related litigation.

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The High Court in Nairobi has dismissed an appeal by Boma Hotel against a default judgment that order it to pay Sh391,233.89.

The hotel, trading as Red Court Hotel Limited, had sought to reopen Nairobi Milimani Small Claims Court Commercial Case No E326 of 2024, in which Brandables E.A. Limited sued over unpaid invoices.

The supplier stated that the hotel had two distinct unpaid invoices, one for Boma Nairobi and another for Boma in Eldoret, which led to separate suits.

Default judgment was entered on April 16, 2024.

On January 21, 2025 Boma applied to set it aside and to be allowed to defend the claim.

The adjudicator dismissed the application on February 17, 2025, finding the judgment regular, no triable issues and that Boma was deliberately evading justice.

The hotel argued that dismissing its application was unfair because it disputed the amount claimed.

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