TRANS-NATIONAL BANK LTD vs RISPER ADHIAMBO OWINO [2003] KEHC 683 (KLR)
- Court
- High Court of Kenya
- Case number
- 683
- Citation
- [2003] KEHC 683 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for stay of decree and setting aside summary judgmentCoramA. I. HAYANGA
Holding
The judgment was given ex-parte, and the application for leave to amend the defence is allowed. The ex-parte ruling is set aside, and the defendant is ordered to pay costs.
Facts
The plaintiff, Trans-National Bank Ltd., obtained a judgment against the defendant, Risper Adhiambo Owino, for KSh.4,643,591.20 on 11-12-98. The defendant claims the judgment was given ex-parte and seeks to set it aside.
Issues
- Whether the judgment was given ex-parte
- Whether the defendant has paid the claimed amount
- Whether the acceptance of BM W KAD 316X was as a result of agreement between the parties
Reasoning
The court found that the judgment was given ex-parte due to the defendant's absence, and there was evidence of misplaced files and obstruction. The court allowed the application for leave to amend the defence.
Outcome
Application granted
Orders
- Ex-parte ruling set aside
- Leave to amend the defence allowed
- Defendant to pay costs of the application for amendment
Remedies
- Amendment to the defence
Authorities cited
Legislation (3)
- Civil Procedure Rules
- O.35 of Civil Procedure Rules
- O.9B of Civil Procedure Rules
Cases cited (1)
- EASTERN BAKERY v CASTELLO [1958] EA 461
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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