DAIMA BANK LTD V ISAAC KIPCHUMBA MAIYO & ANOTHER [2002] KEHC 757 (KLR)
- Court
- High Court of Kenya
- Case number
- 757
- Citation
- [2002] KEHC 757 (KLR)
- Decided
- 15 February 2002
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an interlocutory judgmentCoramONYANGO OTIENO
Holding
The judgment was regular and the draft defence does not raise a reasonable defence to set aside the judgment.
Facts
The Plaintiff sued Isaac Kipchumba Maiyo for K.shs 363,356/25 with interest. The Plaintiff alleged proper service of summons and Plaint, but the Defendant denied service and sought to set aside the judgment.
Issues
- Service of summons
- Set aside judgment
- Draft defence
Reasoning
The process server was a straight forward and honest witness, and the Defendant paid part of the decretal amount before the application was filed.
Outcome
Application dismissed with costs to the Plaintiff
Orders
- Stay of execution of judgment pending further orders
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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