Rebecca Mueni Kaviti v Kwetu Sacco Limited [2021] KECPT 519 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 519
- Citation
- [2021] KECPT 519 (KLR)
- Decided
- 6 May 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureRespondent's Application to set aside default judgment and seek extension of time to file defenceCoramHon. B. Kimemia, Hon. M. Mwatsama, Mr. Gitonga Kamiti
Holding
Application dismissed with costs
Facts
Claimant filed a refund of savings suit on 3.5.2013. Default judgment was entered on 22.8.2018. Application was filed on 24.9.2018.
Issues
- Setting aside default judgment
- Extension of time to file defence
Reasoning
Claimant did not file a defence or draft defence, and failed to file written submissions despite being served with summons. Respondent did not file any written submissions.
Outcome
Application dismissed
Orders
- Application dismissed with costs
- Claimant may proceed to execution of decretal amounts
Remedies
- Claimant may proceed to execution of decretal amounts
Authorities cited
Cases cited (3)
- PITHON WAWERU MAINA VS THUKA MUGIRIA [1983] eKLR
- MBOGO -VS- SHAH[1968] EA 93 & 95
- ONGOM VS OWOTA
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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