Paul Kirimi Mathiu v Universal Sacco Society Limited [2019] KECPT 38 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 38
- Citation
- [2019] KECPT 38 (KLR)
- Decided
- 7 November 2019
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureNotice of Motion application seeking to set aside interlocutory judgment and grant leave to file defence and counter-claim out of timeCoramB.Kimemia - Chairman, R.Mwambura – Member, P.Swanya - Member
Holding
The interlocutory judgment is set aside, and the applicant is granted leave to file and serve a defence and counter-claim out of time.
Facts
Claimant filed a loan with respondent but was not repaid. Claimant sought to set aside interlocutory judgment and grant leave to file defence and counter-claim out of time.
Issues
- Whether the delay in filing the appearance and delay is inordinate and no good reason(s) have been given.
- Whether the application is made in bad faith and merely intended to delay hearing and final disposal of the suit.
- Whether the application lacks merit, is an abuse of the court process and is tainted with mala fides.
- Whether the draft defence raises triable issues and should go to trial for adjudication.
Reasoning
The court finds that the applicant has given a reasonable explanation for the delay and that the draft defence raises triable issues.
Outcome
Application granted
Orders
- Interlocutory judgment entered on 28.9.2018 set aside
- Leave granted to file and serve defence and counter-claim out of time
- Draft defence and counter-claim deemed as duly filed and served subject to payment of fees
- Corresponding leave granted to file and serve reply to defence and counter-claim within 14 days
- Kshs.7500/= thrown away costs to be paid within 14 days
Remedies
- Set aside interlocutory judgment
- Leave to file and serve defence and counter-claim out of time
- Draft defence and counter-claim deemed as duly filed and served subject to payment of fees
- Corresponding leave granted to file and serve reply to defence and counter-claim within 14 days
- Kshs.7500/= thrown away costs to be paid within 14 days
Authorities cited
Cases cited (1)
- PATEL VERSUS E.A CARGO HANDLING LTD (1974) E.A 75
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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