Agnes Ameyo v National Hospital Insurance Fund Savings & Credit Society Limited [2021] KECPT 546 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 546
- Citation
- [2021] KECPT 546 (KLR)
- Decided
- 28 January 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureRespondent seeks to set aside default judgment entered on 28.7.2020CoramHon. B. Kimemia, Mr. B. Akusala, Mr. R. Mwambura, Mr. Chacha
Holding
The default Judgment entered on 28.7.2020 is hereby set aside with no Orders as to costs.
Facts
Respondent filed a memorandum of Appearance and Defence but did not receive communication until 4.8.2019 when it was served with Notice of entry of judgment in the matter.
Issues
- Whether the Respondent has established a proper basis to warrant the setting aside of the default judgment entered on 28.7.2020
- What Orders are available in the circumstance?
Reasoning
The Respondent was ready to defend the claim as early as 27.7.2020, and the delay in entering Appearance and filing a Defence is partially blamed on the Tribunal.
Outcome
The Respondent's Application dated 10.8.2020 is allowed.
Orders
- Respondent is granted leave of 14 days to file a statement of Defence as well as witness statements and list and bundle of documents.
- Claimant to file and serve a Reply to the Response as well as supplementary bundle of documents and witness statements (if need be)
- Mention to confirm compliance and fixing a hearing date on 16.3.2021
Remedies
- Set aside the default judgment
Authorities cited
Cases cited (4)
- Order 10 Rule 11 of the Civil Procedure Rules
- 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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