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Kenyan Alliance Insurance Co. Ltd v Trade Insurance Brokers Ltd [2002] KEHC 1032 (KLR)

[2002] KEHC 1032 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1032
Citation
[2002] KEHC 1032 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory ApplicationPostureApplication to set aside ex parte ordersCoramG. P. Mbito
Holding

The court allowed the application and ordered a date to be taken at the registry for the applicant to show cause why the claim evidenced by cheques should be heard.

Facts

The defendant/applicant sought a stay of execution and set aside ex parte orders entered against them on 7th February, 2002, due to the absence of their counsel in a murder trial. The applicant also claimed that the respondent had cancelled some policies and dishonoured cheques.

Issues

  1. Interlocutory application to set aside ex parte orders
  2. Stay of execution pending hearing

Reasoning

The court found that the applicant's conduct did not indicate an intention to delay or obstruct the cause of justice, and thus allowed the application.

Outcome

Application allowed

Orders

  • A date to be taken at the registry for the applicant to show cause why the claim evidenced by cheques should be heard
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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