MARTHA MUTEMI vs MOHAMMED ELZI NAROJ & ANOTHER [2002] KEHC 645 (KLR)
- Court
- High Court of Kenya
- Case number
- 645
- Citation
- [2002] KEHC 645 (KLR)
- Decided
- 13 December 2002
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeApplication to Set Aside Ex parte JudgmentPostureApplication filed to set aside an ex parte judgment and ordersCoramG. P. Mbito
Holding
The ex parte judgment is set aside and the matter proceeds to assess damages inter partes.
Facts
On 28th April, 2000, the 2nd applicant's vehicle overturned, causing fatal injuries to the plaintiff's son who was a passenger. The plaintiff filed a suit on 11th April, 2001, and an interlocutory judgment was entered for the plaintiff on 19th June, 2001. The defendant denied service and service of the summons.
Issues
- Whether the ex parte judgment should be set aside
- Whether the defendant has a valid defence to the suit
Reasoning
The summons were served on the defendant, and there is a valid defence to the suit. The large amount awarded suggests a wrong principle was considered in computing damages.
Outcome
The ex parte judgment is set aside and the matter proceeds to assess damages.
Orders
- The ex parte judgment entered against the defendant on 19th February, 2002 and all consequential orders are set aside.
- The defendants statement of defence attached herewith be deemed as duly filed subject to the payment of the requisite court fees.
Remedies
- Assessment of damages inter partes
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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