Kenya Re-Insurance Corporation v Justus Gachimu Ngunia & another [2005] KEHC 2182 (KLR)
- Court
- High Court of Kenya
- Case number
- 2182
- Citation
- [2005] KEHC 2182 (KLR)
- Decided
- 20 April 2005
The suit should proceed against both Defendants at the same time, and the Plaintiff's counsel should decide how to proceed with the suit against the 2nd Defendant.
Facts
The Plaintiff claimed an advance of Kshs.817,109/30 plus costs and interest, alleging fraud by Justus Gachimu Ngunia and Phillis Nyambura in selling and assigning a security plot to her. The 1st Defendant never entered appearance nor filed defence, and interlocutory judgment was entered against him.
Issues
- Voidness of sale and assignment of plot by 1st Defendant to 2nd Defendant
- Equitable mortgage over the property by Plaintiff
Reasoning
The Plaintiff proceeded ex parte against Justus Gachimu Ngunia, who had not entered appearance nor filed defence, and the case against the 2nd Defendant was not mentioned.
Outcome
The proceedings of 23rd February, 2005, are vacated, and the suit against both Defendants should be heard together.
Orders
- The Plaintiff's counsel should decide how to proceed with the suit against the 2nd Defendant.
- The proceedings of 23rd February, 2005, are vacated.
Loading judgment…