NATIONAL BANK OF KENYA vs MOHAMED ISMAEL YUNIS [2004] KEHC 2061 (KLR)
- Court
- High Court of Kenya
- Case number
- 2061
- Citation
- [2004] KEHC 2061 (KLR)
- Decided
- 27 February 2004
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant seeks to set aside default judgment and grant leave to defend the suit.CoramJOYCE KHAMINWA
Holding
The application is dismissed with costs as the proposed defense is a sham and discloses no triable issues.
Facts
The defendant Mohamed Ismail Yunis failed to respond to summons and entered a default judgment. He now seeks to set aside this judgment and defend the suit.
Issues
- Defendant's application to set aside default judgment
- Defendant's application for leave to defend the suit
Reasoning
The court found that the proposed defense was a sham and did not disclose any triable issues. The service of summons was correctly recorded.
Outcome
Application dismissed
Orders
- Proceedings supplied at the registry upon payment required
- Temporary stay granted for 14 days to enable the Applicant to file a formal application
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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