Shadrack Arap Baiywo v Bodi Bach [1987] KECA 69 (KLR)
- Court
- Court of Appeal
- Case number
- 69
- Citation
- [1987] KECA 69 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the High Court at Kisumu, Butler-Sloss JCoramJ. O. NYARANGI, H. G. PLATT, F. K. APALOO
Holding
The appeal is dismissed with costs as the judgment entered in default was not irregular and the appellant failed to show that the decision should be interfered with.
Facts
The appellant sold half of his shop to the respondent in 1971 and repossessed it in 1981. The respondent sued for damages, improvements, and lost profits. The appellant was served with summons but was not present when served. Judgment was entered in default.
Issues
- Irregular service of summons
- Ignorance of ex parte judgment
- Relying only on affidavits
Reasoning
The court found that the service of summons was valid and that the appellant did not present a prima facie defence. The judge's discretion to set aside the judgment was exercised correctly.
Outcome
Appeal dismissed
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…