Universal Traders Sacco Ltd v Mulinge (Tribunal Case 64 of 2019) [2023] KECPT 407 (KLR) (27 April 2023) (Ruling)
- Court
- Co-operative Tribunal
- Case number
- 407
- Citation
- [2023] KECPT 407 (KLR)
- Decided
- 27 April 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureRespondent/Applicant seeks to set aside default judgment and stay executionCoramHON. BEATRICE KIMEMIA, HON. J. MWATSAMA, HON. BEATRICE SAWE, HON. FRIDAH LOTUIYA, HON. PHILIP GICHUKI, HON. MICHAEL CHESIKAW, HON. PAUL AOL
Holding
Application to set aside default judgment dismissed, application to stay execution not granted
Facts
Claimant filed a claim for loan facilities advanced in 2011 and 2012, and later requested for interlocutory judgment. Respondent/Applicant filed an urgent application to set aside the judgment and stay execution.
Issues
- Service of pleadings and summons
- Setting aside default judgment
Reasoning
Respondent/Applicant was properly served, and the judgment cannot be set aside due to lack of triable issues in the draft statement of defense.
Outcome
Application dismissed with costs
Orders
- Application to set aside default judgment dismissed
- Application to stay execution not granted
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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