Wana-Anga Cooperative Savings & Credit Society Limited v Collins K. Cheruiyot [2021] KECPT 622 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 622
- Citation
- [2021] KECPT 622 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureRespondent's Application to set aside default judgment
Holding
The default judgment entered on 25.9.2019 is set aside
Facts
The Respondent claims he was never served with summons to enter Appearance, and that his shares and dividends were deducted by the Claimant without consideration. The Respondent also states that the debt was repaid by his guarantors.
Issues
- Whether the Respondent has laid a proper basis to warrant the setting aside of the default judgment entered on 25.9.2019
- What Orders are available in the circumstances
Reasoning
The court has jurisdiction to set aside a default judgment under Order 10 Rule 11 of the Civil Procedure Rules, and will do so if the judgment is irregular.
Outcome
The default judgment is set aside
Orders
- The Application is certified as urgent and heard ex-parte
- The execution of the judgment and decree against the defendant is stayed pending the hearing and determination of this Application
- The judgment and decree issued against the defendant on the 16th January, 2020 are set aside
- The draft statement of defence annexed herewith is deemed duly filed upon payment of requisite filing fees
- The costs of this Application are in the cause
Remedies
- Setting aside the default judgment
- Stay of execution of the judgment and decree
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Order 10 Rule 11
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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