Lainisha Sacco Society Ltd v Muthee (Tribunal Case 656A of 2019) [2025] KECPT 374 (KLR) (10 July 2025) (Ruling)
- Court
- Co-operative Tribunal
- Case number
- 374
- Citation
- [2025] KECPT 374 (KLR)
- Decided
- 10 July 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudgmentPostureAppeal from a previous judgment
Holding
The ex-parte judgment dated 8th March, 2021 is set aside in the interest of justice, and the claim proceeds to full trial.
Facts
The Judgement Debtor/Applicant claims she was not served with the Summons and the Claimant's Statement of Claim, and that she was not granted a loan or repaid in full. She was served with a hearing notice to show cause on 28th June, 2024.
Issues
- Whether the ex-parte judgment dated 8th March, 2021 can be set aside
- Whether the Tribunal can grant leave to the Judgement debtor/Applicant to file her Statement of Defence
Reasoning
The lack of a Statement of Defence and the confusing nature of the service of the documents cast doubt on the validity of the judgment. The judgment debtor/applicant is granted an opportunity to be heard on merit.
Outcome
The ex-parte judgment is set aside.
Orders
- The claim proceeds to full trial to ascertain the merits of the case
- The Judgement debtor/applicant is granted an opportunity to be heard on merit
Remedies
- The ex-parte judgment is set aside
Authorities cited
Legislation (1)
- Civil Procedure Rules 2010
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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