Franis Mithamo Maina v Evans Moseti Okechi [2021] KECPT 33 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 33
- Citation
- [2021] KECPT 33 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureRespondent seeks to set aside the Judgment in Default of Appearance and orders to dismiss the Application.CoramHon., Hon., Hon., Hon., Hon.
Holding
The Respondent's Applications are dismissed, and the Respondent is ordered to pay the Claimant's costs.
Facts
The Respondent failed to file a Defence within the required 14 days after entering appearance, despite being served with the summons.
Issues
- Whether the Respondent's Application to set aside the Judgment in Default of Appearance should be granted.
- Whether the Respondent's new Application should be heard concurrently with the previous one.
Reasoning
The Respondent failed to file a Defence within the required time, and ignorance of the law is no excuse. The Respondent did not seek leave to file a Defence out of time.
Outcome
Dismissed
Orders
- The Respondents' Applications dated 29th March 2021 and 4th May 2021 be and are hereby dismissed.
- Issue an Order of Costs for both Applications to be paid by the Respondents the Claimant.
- Mention for directions on 6.12.2021.
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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