Mwalimu National Sacco Limited v Omugo & 8 others (Tribunal Case E449 of 2022) [2026] KECOPT 3 (KLR) (22 January 2026) (Ruling)
- Court
- Copyright Tribunal
- Case number
- 3
- Citation
- [2026] KECOPT 3 (KLR)
- Decided
- 22 January 2026
The interlocutory judgment entered against the 7th Respondent was regular, and the Tribunal did not exercise its discretion to set it aside.
Facts
The 7th Respondent was sued as a guarantor of a debtor of the Claimant. The 7th Respondent was not served with the Statement of Claim and Summons to Enter Appearance until after the interlocutory judgment was entered.
Issues
- Whether the 7th Respondent was served with the Statement of Claim and Summons to Enter Appearance
- Whether the Tribunal should set aside the interlocutory judgment entered against the 7th Respondent
Reasoning
The Tribunal found that the 7th Respondent was served with the Statement of Claim and Summons to Enter Appearance, and there was no valid defense or response on record. The Tribunal exercised its discretion to not set aside the judgment due to the overriding interest of allowing the case to be determined on its merits.
Outcome
The 7th Respondent’s application for setting aside the interlocutory judgment was dismissed.
Orders
- The interlocutory judgment entered against the 7th Respondent was not set aside.
Authorities cited
Cases cited (3)
- Kenya Commercial Bank Ltd –v- Nyaritage & Another [1990] KLR 443
- Philip Kiptoo Chemwolo & Mumias Sugar Ltd & Augustine Kubede [1982-1988] KAR page 1036
- Kenya Commercial Bank Limited vs Nyantange & Another (1990) KLR 443
Loading judgment…