John Arap Koech v Ainu Shamsi Automobile & Hardware Limited & 3 others [2016] KEELC 1230 (KLR)
- Court
- Environment & Land Court
- Case number
- 1230
- Citation
- [2016] KEELC 1230 (KLR)
- Decided
- 18 March 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to strike out and dismiss the suitCoramMARY M. GITUMBI
Holding
The Application is hereby dismissed with costs to the Plaintiff.
Facts
The 1st Defendant/Applicant sought to have the Plaint and accompanying documents struck out and the suit dismissed with costs, alleging non-service of summons to enter appearance.
Issues
- Whether the summons to enter appearance was never issued and served upon the Defendant/Applicant
- Whether the 1st Defendant/Applicant was served with the summons to enter appearance and failed to enter appearance and file their statement of defence within the timelines allowed
Reasoning
The summons to enter appearance was prepared and issued to the Plaintiff. The 1st Defendant/Applicant was served with the summons to enter appearance and failed to enter appearance and file their statement of defence within the timelines allowed.
Outcome
Dismissed with costs
Orders
- Application to strike out and dismiss the suit is dismissed with costs to the Plaintiff.
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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