Victor Dena Chitswa v Nathaniel Munga Nzaka & another [2017] KEELC 1982 (KLR)
- Court
- Environment & Land Court
- Case number
- 1982
- Citation
- [2017] KEELC 1982 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous judgment
Holding
The application is dismissed.
Facts
Victor Dena Chitswa (plaintiff) brought an application against Nathaniel Munga Nzaka and Enos Komora (defendants) under Section 1A, 1B and 3A of the Civil Procedure Act, seeking orders to set aside an ex parte judgment, allow defendants to file a defence, and provide costs.
Issues
- Whether the application was brought in good time and is merited.
- Whether the defendants raise triable issues.
Reasoning
The court finds that the application was not brought in good time and is not merited, and the defendants do not raise triable issues.
Outcome
Dismissed
Orders
- The ex parte judgment is not set aside.
- The defendants are not allowed to file a defence.
- The draft defence is not deemed as duly filed.
- No costs are provided for.
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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