Stephen Chege Ng’ang’a v Stima Investment Co-Operative Society Ltd [2021] KECPT 252 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 252
- Citation
- [2021] KECPT 252 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a default judgment, with subsequent review applicationCoramHon. B. Kimemia, Hon. J. Mwatsama, Mr. Gitonga Kamiti, Mr. B. Akusala
Holding
The Claimant's Application for Review is dismissed with costs. The default judgment is set aside and the matter proceeds to full trial.
Facts
The Claimant filed a Statement of Claim for failure to transfer land parcels to the Claimant. The Respondent failed to enter appearance and an ex parte judgment was entered against them. The Respondent later entered appearance and sought to set aside the judgment and be granted leave to put in their Defence. The Tribunal set aside the judgment in default of appearance.
Issues
- Whether the thresholds for Review of a Ruling have been met
- Whether the Tribunal can set aside its Ruling of 28th January 2021
Reasoning
The Tribunal found that the Claimant's application for review was premature as the judgment in default of appearance had already been set aside.
Outcome
Appeal dismissed
Orders
- Application for Review dismissed
- Default judgment set aside
- Matter proceeds to full trial
Remedies
- Costs in the cause
- Set aside default judgment
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules 2010
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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