Emmanuel Mwangi Matano & another v Urithi Housing Co-operative Society Limited [2020] KECPT 10 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 10
- Citation
- [2020] KECPT 10 (KLR)
- Decided
- 29 October 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a default judgment
Holding
The court has jurisdiction to set aside a default judgment under Order 10 Rule 11 of the Civil Procedure Rules.
Facts
The Respondent (Urithi Housing Co-operative Society Limited) applied to set aside a default judgment entered on 17.10.19 in favor of the Claimants (Emmanuel Mwangi Matano and Lucy Wangari Gatenga). The Claimants claimed for a refund of a non-refundable membership fee.
Issues
- Whether the Respondent has a proper basis to set aside the default judgment.
- Who should meet the costs of the Application.
Reasoning
The court will set aside the default judgment if it is irregular, based on the principle of doing justice to the parties.
Outcome
The court will consider the application and determine whether the default judgment is irregular.
Orders
- The court will consider the application and determine whether the default judgment is irregular.
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Order 10 Rule 11
Cases cited (3)
- Patel vs East Africa Cargo Service Limited (1974) EA 75
- K- Rep Bank Limited vs Segment Distributors Limited (2017) eKLR
- Fidelity Commercial Bank Limited vs Owen Amos Ndungu & Another (HCC.NO. 241/1998)
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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