Concefuta Kemunto Magata v Dorcas Kwamboka Oyaro [2020] KEELC 3134 (KLR)
- Court
- Environment & Land Court
- Case number
- 3134
- Citation
- [2020] KEELC 3134 (KLR)
- Decided
- 28 February 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant seeks to set aside ex-parte judgment and stay execution of judgmentCoramJ.M ONYANGO
Holding
The application has merit and the ex-parte judgment is set aside on condition that the defendant pays the plaintiff's thrown away costs.
Facts
Plaintiff obtained a judgment in her favor, but the defendant claims fraud and seeks to set aside the judgment and stay execution.
Issues
- Whether the applicant was aware of the hearing date
- Whether the applicant’s failure to attend court has been explained to the satisfaction of the court
- Whether the applicant’s Defence raises triable issues
Reasoning
The defendant’s failure to attend court was due to a clerical error by the advocate's clerk, which was satisfactorily explained. The defendant’s defense raises triable issues.
Outcome
The application is granted and the ex-parte judgment is set aside.
Orders
- That the ex-parte judgment and all consequential orders be set aside
- That the defendant/applicant pays the plaintiff/respondent thrown away costs of Kshs. 10,000/= within 21 days from the date hereof
- That the costs of this application shall be borne by the Defendant/Applicant
Remedies
- Set aside ex-parte judgment
- Throw away costs of Kshs. 10,000/=
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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