Ngara Gracious Savings & Credit Co-Operative Society Limited v Christine Wanjiru Kagundu [2019] KECPT 30 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 30
- Citation
- [2019] KECPT 30 (KLR)
- Decided
- 7 November 2019
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a judgment and decreeCoramB.Kimemia, R.Mwambura, P.Swanya
Holding
The application is allowed, the judgment and decree dated 3.5.2019 are set aside, and the respondent is allowed to defend the suit.
Facts
The respondent filed a Notice of Motion application seeking to set aside a judgment entered on 3.5.2019 due to alleged improper service of summons by a process server who was not licensed for the year 2019.
Issues
- Whether the service of summons was proper
- Whether the respondent can proceed with the suit
Reasoning
The court found that the process server was not licensed for the year 2019, and the claimant failed to prove service by the process server.
Outcome
Appeal allowed
Orders
- The application is certified as urgent
- A temporary stay of the judgment and decree issued on 11.4.2019 is granted
- The judgment and decree issued on 11.4.2019 against the respondent is set aside
- The respondent is allowed to defend the suit
Remedies
- Costs of the application are in the cause
Authorities cited
Cases cited (1)
- JOHN KOYI WALUKE VERSUS MOSES MASIKA WETANGULA, ECK and JAMES KULUBI OMWANGE (2000)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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