Faima Ventures Limited & 2 others v Kenya Orient Insurance Limited (Civil Appeal 110 of 2019) [2024] KECA 1228 (KLR) (20 September 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 1228
- Citation
- [2024] KECA 1228 (KLR)
- Decided
- 20 September 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree of the High CourtCoramD. K. MUSINGA, ASIKE-MAKHANDIA, S. GATEMBU KAIRU, FCIArb
Holding
The appeal is dismissed with costs to the respondent
Facts
The appellants sued the respondent for goods sold and services rendered but not paid. The appellants failed to file a defence and the respondent obtained an interlocutory judgment in default. The appellants made several applications to set aside the judgment and extend time to pay costs, but all were dismissed.
Issues
- Whether the trial court misdirected itself in its decision to dismiss the application for extension of time
- Whether the trial court misdirected itself in its decision to dismiss the appeal
Reasoning
The trial court exercised its discretion properly and the appellate court found no reason to interfere with the concurrent findings of the two courts below.
Outcome
Appeal dismissed
Authorities cited
Cases cited (2)
- United India Insurance Co. Ltd vs. East African Underwriters (Kenya) Ltd [1985] E.A
- Otieno Ragot & Company Advocates vs. National Bank of Kenya Limited [2020] 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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