William Makutsa & another v Simon Amukowa [2019] KEELC 4400 (KLR)
- Court
- Environment & Land Court
- Case number
- 4400
- Citation
- [2019] KEELC 4400 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEviction SuitPostureApplication for stay of eviction order and leave to defendCoramN.A. MATHEKA
Holding
The application is granted, and the defendant is granted leave to defend the suit.
Facts
The plaintiff obtained an exparte eviction judgment, but the defendant has not been served with the summons to enter appearance and has not had an opportunity to defend the claim.
Issues
- Service of summons
- Defendant's right to defend
- Temporary stay of eviction order
Reasoning
The court finds that the defendant has not been served with the summons and has not had an opportunity to defend the claim, thus the defendant is granted leave to defend.
Outcome
Application granted
Orders
- Temporary stay of eviction order
- Leave to defend the suit
Remedies
- Defendant granted leave to defend the suit
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules 2010
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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