City Star Sacco Society Limited v Simion Machirah Ndirangu [2020] KECPT 5 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 5
- Citation
- [2020] KECPT 5 (KLR)
- Decided
- 29 October 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureRespondent's Application to set aside default judgment
Holding
The default judgment is set aside ex debito justiae.
Facts
The Respondent claims it was not served with summons before the request for judgment was made, and thus the ex parte judgment should be set aside.
Issues
- Whether the Respondent has raised a proper basis to warrant the setting aside of the default judgment entered on 4.11.19.
- 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 as the summons to enter appearance was not served.
Outcome
The judgment is set aside.
Orders
- That the judgment herein be set aside.
- That there be a stay of execution of the decree obtained herein until hearing and determination of this Application.
- That the Applicant/ Respondent be at liberty to cross-examine the Process Server who claimed to have served the summons and other accompanying documents upon him.
Remedies
- Stay of execution of the decree obtained herein until hearing and determination of this Application.
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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