THRIFT HOMES LIMITED v KAYS INVESTMENTS LIMITED [2000] KEHC 497 (KLR)
- Court
- High Court of Kenya
- Case number
- 497
- Citation
- [2000] KEHC 497 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant's application to set aside interlocutory judgment and stay consequential ordersCoramE. M. Githinji
Holding
The application is dismissed with costs to the plaintiff
Facts
The defendant failed to file a defence within the prescribed time, leading to an interlocutory judgment in default of appearance. The defendant filed a draft defence and a replying affidavit, but the plaintiff opposed the application.
Issues
- Whether the interlocutory judgment should be set aside
- Whether the application is fatally defective
Reasoning
The court found the defendant's delay in filing the defence was excusable due to the defendant's busy schedule and lack of seriousness in the dispute. The court declined to allow the application as it would cause injustice to the defendant.
Outcome
Defendant's application dismissed
Orders
- Interlocutory judgment set aside
- Consequential orders stayed
Remedies
- Costs to the plaintiff
Authorities cited
Cases cited (1)
- Patel v East Africa Cargo Handling Services Ltd (1974 EA 75)
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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