Mohamed Kenyi Suleiman & 2 others v Jimborg Otieno Siaga [2017] KEELC 2835 (KLR)
- Court
- Environment & Land Court
- Case number
- 2835
- Citation
- [2017] KEELC 2835 (KLR)
- Decided
- 31 May 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a default judgmentCoramS.M. KIBUN, S.M. KIBUN
Holding
The interlocutory judgment entered in favour of the Plaintiffs on 12th June 2013 is hereby set aside and the Defendant allowed to file and serve his defence and counterclaim in terms of the copy annexed.
Facts
The plaintiffs filed a suit against the defendant, seeking damages for an alleged breach of contract. The defendant filed a notice of motion seeking to set aside the default judgment and allow him to file a defence and counterclaim.
Issues
- Whether there was proper service of summons to enter appearance on the Defendant.
- Whether the Defendant has established the existence of a reasonable defence to the Plaintiffs claim.
- What orders to issue.
- Who pays the costs.
Reasoning
The court found that the service of the summons to enter appearance was improper due to the lack of proper identification of the person served and the absence of a signed copy of the summons.
Outcome
Appeal allowed
Orders
- The interlocutory judgment entered in favour of the Plaintiffs on 12th June 2013 is hereby set aside.
- The Defendant allowed to file and serve his defence and counterclaim in terms of the copy annexed.
- The costs of the application be in the cause.
Remedies
- Allowing the defendant to file and serve a defence and counterclaim.
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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