Neem Properties Limited v Wells Fargo Limited [2021] KEELC 3818 (KLR)
- Court
- Environment & Land Court
- Case number
- 3818
- Citation
- [2021] KEELC 3818 (KLR)
- Decided
- 17 March 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a default judgmentCoramC.K. YANO
Holding
The application is dismissed.
Facts
The defendant was served with summons to enter appearance but inadvertently omitted to instruct an advocate in time to enter appearance and defend. The plaintiff obtained an ex-parte judgment against the defendant in default of appearance.
Issues
- Whether the defendant's application to set aside the ex-parte judgment and grant leave to file a late memorandum of appearance should be granted.
- Whether the defendant's delay in entering appearance and filing a statement of defence was excusable and justifiable.
Reasoning
The court finds that the defendant's delay in entering appearance and filing a statement of defence was not excusable and that the defendant's application should not be granted.
Outcome
Appeal dismissed
Orders
- The application is dismissed.
- The ex-parte judgment entered against the defendant herein in default of appearance and all consequential orders are not set aside.
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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