Muki Sacco Society Limited v David Kimutai Ngetich; Ojiambo and Company Advocates (Garnishee) [2021] KECPT 525 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 525
- Citation
- [2021] KECPT 525 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a default judgmentCoramHon. F. Terer, Mr. P. Gichuki, Mr. B. Akusala
Holding
The default judgment is set aside ex debito justiciae.
Facts
The Respondent did not enter Appearance or file a Defence as the court file was not readily available when he attempted to do so. The issues raised in the Application have been the subject of Nakuru ELRC NO. 48 OF 2017.
Issues
- Whether the Respondent has laid a proper basis to warrant the setting aside of the default judgment entered in 25.9.2019
- Who should meet the costs of the Application
Reasoning
The court has jurisdiction to set aside a default judgment under Order 10 Rule 11 of the Civil Procedure Rules. The judgment is irregular and the court will do justice to the parties.
Outcome
The default judgment is set aside.
Orders
- Stay of execution pending the hearing and determination of this Application
- Set aside the ex-parte proceedings, the judgment entered on 25.9.2018 and the decree herein dated 4.11.2019
- Grant leave to file defence to the statement of claim and defend this suit
- Deem the defence filed herein proper and duly filed
- Provide for the costs of this Application
Authorities cited
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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