Catherine Minika Mukhwana v Metropolitan National Sacco Limited [2020] KECPT 4 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 4
- Citation
- [2020] KECPT 4 (KLR)
- Decided
- 3 December 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureRespondent seeks to set aside a default judgment and allow the filing of a defence.CoramHon. B. Kimemia Chairperson, Hon. F. Terer Deputy Chairman, Mr. P. Gichuki Member
Holding
The default judgment entered on 15.11.2019 is set aside.
Facts
The Respondent entered appearance in good time but failed to file a defence within the time stipulated by the rules due to lack of instructions from the relevant officer who was out of the country. The Claimant did not serve a withdrawal notice as required by law.
Issues
- Whether the Respondent has a proper basis to warrant the setting aside of the default judgment entered on 15.11.2019.
- Who should meet the costs of the Application.
Reasoning
The court has jurisdiction to set aside a default judgment under Order 10 Rule 11 of the Civil Procedure Rules, and the judgment is irregular due to the Respondent's failure to file a defence within the stipulated time.
Outcome
The default judgment is set aside.
Orders
- The default judgment entered on 15.11.2019 is set aside.
- The Respondent is allowed to file a Defence.
Remedies
- The Respondent is allowed to file a Defence.
Authorities cited
Legislation (1)
- Order 10 Rule 11 of the Civil Procedure Rules
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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