Paolo Dafano v Oliva Rocco [2018] KEELC 2262 (KLR)
- Court
- Environment & Land Court
- Case number
- 2262
- Citation
- [2018] KEELC 2262 (KLR)
- Decided
- 31 July 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureDefendant seeks leave to file a defence out of time and pay costs.CoramJ.O. OLOLA
Holding
The Defendant is granted leave to file a defence out of time but must file it within 14 days and pay 50% of the monthly instalments due to-date.
Facts
The Plaintiff offered to sell his property to the Defendant for €128,000. The Defendant accepted the offer but failed to pay the purchase price and deliver vacant possession.
Issues
- Whether the Defendant can file a defence out of time.
- Whether the Defendant's defence is a sham.
Reasoning
The court considers the Defendant's delay justified due to a communication breakdown but not for filing a defence.
Outcome
Defendant granted leave to file a defence out of time.
Orders
- Defendant to file defence within 14 days.
- Defendant to pay 50% of monthly instalments due to-date.
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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