Patriotic Guards Limited v Barclays Bank of Kenya Limited (Civil Case 838 of 2000) [2004] KEHC 2363 (KLR) (Civ) (10 May 2004) (Ruling)
- Court
- High Court of Kenya
- Case number
- 2363
- Citation
- [2004] KEHC 2363 (KLR)
- Decided
- 10 May 2004
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant seeks to set aside judgment entered on 24th August 2004CoramMARY KASANGO
Holding
The court grants the defendant's application to set aside the judgment and grants leave to cross-examine the plaintiff and to re-open the case.
Facts
The defendant failed to attend court and the judgment was entered in favor of the plaintiff. The defendant claims the judgment was entered due to an innocent mistake and seeks to set it aside.
Issues
- Setting aside of the judgment
- Defendant's right to cross-examine the plaintiff
Reasoning
The court distinguishes this case from the authority relied on by the plaintiff and finds that the defendant's application is not intended to delay the suit.
Outcome
Judgment set aside
Orders
- Judgment set aside
- Defendant granted leave to cross-examine the plaintiff
- Plaintiff granted leave to re-open its case
Remedies
- Plaintiff's thrown away costs occasioned by the setting aside of the exparte judgment
- Defendant's costs of the application
Authorities cited
Cases cited (2)
- SHAH v MBOGO & ANOTHER (1967) E.A. PAGE 116
- HCCC No. 498 of 2002 (Milimani)
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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