PATRICK WILLIAM IRUNGU MACHARIA vs ELISHIBA WAITHIRA & ANOTHER [2002] KEHC 862 (KLR)
- Court
- High Court of Kenya
- Case number
- 862
- Citation
- [2002] KEHC 862 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypecivilPostureAppeal from an ex parte judgmentCoramD.K.S AGANYANYA
Holding
The ex parte judgment was set aside
Facts
The plaintiff filed a suit for recovery of Kshs.92,000 and a weekly payment of Kshs.1,000 from the defendant, claiming they had entered into a partnership agreement on 25.8.90 to buy a public service vehicle registration number KYL 525. The defendant's husband and a third party had entered into the agreement, but the third party withdrew and the husband died, leaving the defendant as the estate's administrator.
Issues
- Validity of the ex parte judgment
- Service of the hearing notice
Reasoning
The defendant was not served with a hearing notice and the judgment was not in accordance with the agreement of the parties.
Outcome
Appeal dismissed
Orders
- Ex parte judgment set aside
Remedies
- None specified
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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