Erwen Electronics Limited & 3 others v Radio Africa Limited & another [2018] KECA 589 (KLR)
- Court
- Court of Appeal
- Case number
- 589
- Citation
- [2018] KECA 589 (KLR)
- Decided
- 18 May 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the Ruling and Order of the High Court of Kenya at Nairobi (L. Kimaru, J.) Dated 29th April, 2010CoramP.N. WAKI, R.N. NAMBUYE, P.O. KIAGE
Holding
The appeal is dismissed with costs to the first respondent both on appeal and the court below.
Facts
The first respondent sued the appellants and the second respondent in the High Court, at Nairobi. The appellants and the second respondent filed a joint defence. The first respondent later filed an application to strike out the joint defence and for judgment to be entered against the appellants.
Issues
- Whether the appellants made out a case to persuade the court to exercise its discretion in their favor.
- Whether the trial court's refusal to set aside the exparte orders was an improper exercise of judicial discretion.
Reasoning
The court found no merit in the appeal, noting that the appellants did not fully prove their liability to KRA and KBC, and that the trial court's refusal to set aside the exparte orders was not an improper exercise of judicial discretion.
Outcome
Appeal dismissed
Authorities cited
Cases cited (6)
- Kanji Naran v. Velji Kimji (1954) 2 IEACA 20
- Shah v. Mbogo (1967) EA 116
- Maina v. Muguna (1983) KLR 78
- Odd Jobs v. Mubia (1970) EA 476
- Independent Electoral Commission and another v. Stepher Mutinde Mule and 3 others (2014) eKLR
- Dakianga Distributors (K) Ltd v. Kenya Seed Company Limited (2015) eKLR
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.
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