Matu Wahome & 2 others v Fep Saving & Credit Society Limited [2020] KECPT 7 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 7
- Citation
- [2020] KECPT 7 (KLR)
- Decided
- 3 December 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureRespondent seeks to set aside a default judgment
Holding
The court has jurisdiction to set aside the default judgment
Facts
The Respondent claims it did not file a defense within the time limit due to its Chief Executive Officer being taken ill, and the Tribunal was closed when it could have filed documents.
Issues
- Whether the Respondent has a proper basis to warrant the setting aside of the default judgment
- Who should meet the costs of the Application
Reasoning
The court can set aside a default judgment if it is irregular, and the Respondent has not filed a defense within the time limit due to illness, which is a valid reason.
Outcome
The court will set aside the default judgment
Orders
- Temporary stay of the judgment and decree issued on 16th June, 2020
- Set aside the judgment and decree issued on 16th June, 2020 against the Respondent/Applicant
- Respondent be allowed to defend this suit
- Statement of Defence and Counter-Claim dated the 18th day of February, 2020 and filed on the 19th day of June, 2020 be deemed as filed
- Claimant be granted leave to respond to the same
Remedies
- Temporary stay of the judgment and decree issued on 16th June, 2020
- Set aside the judgment and decree issued on 16th June, 2020 against the Respondent/Applicant
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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