Habo Agencies Limited v Wilfred Odhiambo Musingo [2015] KECA 987 (KLR)

Facts

Habo Agencies Limited filed a suit against Wilfred Odhiambo Musingo for breach of contract regarding the clearance of a motor vehicle imported in 1996. Habo instructed M/s Asige Keverenge & Anyanzwa Advocates to file a defence, but the defence was not served on Wilfred's counsel. Habo then filed an application to set aside the judgment and seek leave to file the defence out of time.

Issues

1. Whether the time for lodging an application for restoration of the appeal should be extended
2. Whether Habo was entitled to equitable relief given the delay in filing the appeal

Reasoning

The court found that the basis for the exercise of discretion was not properly laid and that Habo was not candid in explaining the delay. The court also considered that further prolongation of the litigation would be prejudicial to the decree holder and violate public policy.

Outcome

Dismissed with costs

Authorities cited