Wakenya Pamoja Sacco Society Limited v Evans Ndemo [2021] KECPT 277 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 277
- Citation
- [2021] KECPT 277 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCo-operative DisputePostureRespondent's Motion for Interim Stay of ExecutionCoramHon., WAKENYA PAMO
Holding
The court will consider the reasons for the failure of the defendant to enter appearance or file the Defence, the length of time since the default judgment, whether the intended defence raises triable issues, and the respective prejudice each party is likely to suffer.
Facts
The Respondent filed a Notice of Motion seeking an Interim Order of Stay of Execution of the Judgment and Decree, citing reasons for delay and the potential for triable issues in the draft defence.
Issues
- Whether the Respondents were served
- Whether there was inordinate delay to file this Application
- Whether the draft defence raises triable issues
- Whether it is in the interest of justice to set aside the default judgment (prejudice to the respective parties.)
Reasoning
The court will exercise its discretion to determine whether to set aside the default judgment based on the factors outlined in Order 10 Rule 11 Civil Procedure Rules.
Outcome
The court will rule on the motion for Interim Order of Stay of Execution.
Orders
- Interim Order of Stay of Execution of the Judgment and Decree
- Order of Stay of Execution of the Judgment and Decree
Remedies
- Interim Order of Stay of Execution of the Judgment and Decree
- Order of Stay of Execution of the Judgment and Decree
Authorities cited
Legislation (1)
- Order 10 Rule 11 Civil Procedure Rules
Cases cited (3)
- Mbogo & Another -vs- Shah [1968] EA 63
- Patel -vs– EA Cargo Handling Services Limited [1979] EA 75
- Onyango Oloo vs Attorney General [1986-1989] EA 456
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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