Attanus Mutinda Mulwa v Eastlands Biashara Sacco Limited [2021] KECPT 562 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 562
- Citation
- [2021] KECPT 562 (KLR)
- Decided
- 28 January 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a default judgmentCoramHon. B. Kimemia Chairperson, Mr. B.Akusala Member, Mr. R. Mwambura Member
Holding
The court sets aside the default judgment entered on 31.8.2017.
Facts
The Respondent (Eastlands Biashara Sacco Limited) applied to set aside a default judgment entered on 31.8.2017 and sought other orders.
Issues
- Whether the Respondent has a proper basis to warrant the setting aside of the default judgment entered on 31.8.2017.
- 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, and the judgment is irregular.
Outcome
The court allows the Respondent's Application.
Orders
- The Respondent is granted leave of 14 days to file and serve a statement of Response as well as list and bundle of documents and witness statements within 14 days herein.
- The Claimant to file a Reply to Defence as well as Supplementary list and bundle of documents and witness statements within 14 days of service.
- Mention to confirm compliance and fixing a hearing date on 3.3.2021.
- The Respondent is ordered to pay the Claimant thrown away costs of kshs.15,000/= to be paid on or before 3.3.2021.
Remedies
- Set aside the default judgment entered on 31.8.2017.
Authorities cited
Legislation (1)
- Order 10 Rule 11 of the Civil Procedure Rules
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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