Bamburi Cement Ltd v Telkom Kenya Ltd [2018] KEELC 4320 (KLR)
- Court
- Environment & Land Court
- Case number
- 4320
- Citation
- [2018] KEELC 4320 (KLR)
- Decided
- 20 February 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant seeks to set aside judgment and stay proceedingsCoramC. YANO
Holding
Application allowed, defendant's memorandum of appearance and defence are deemed duly filed, defendant directed to file defence within 14 days
Facts
Defendant was served with summons to enter appearance but failed to do so. Plaintiff moved court to enter judgment against Defendant. Defendant later filed an application seeking to set aside judgment and stay proceedings.
Issues
- Whether judgment entered in default of entering appearance should be set aside
- Whether proceedings should be stayed
- Whether defendant should be allowed to file defence out of time
Reasoning
Defendant's failure to file appearance or defence was due to misstep by counsel, but intended defence raises triable issues
Outcome
Application granted
Orders
- Defendant's memorandum of appearance and defence deemed duly filed
- Defendant directed to file defence within 14 days
- Defendant pays thrown away costs to Plaintiff
Remedies
- Defendant's defence deemed duly filed
- Defendant directed to file defence within 14 days
Authorities cited
Legislation (1)
- Civil Procedure Rules
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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