Kenya Grange Ltd v Linear Coach Company Ltd [2005] KEHC 2780 (KLR)
- Court
- High Court of Kenya
- Case number
- 2780
- Citation
- [2005] KEHC 2780 (KLR)
- Decided
- 4 May 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant seeks to set aside ex parte judgment and consequential ordersCoramH.P.G. WAWERU
Holding
The ex parte judgment and consequential orders are set aside
Facts
The Defendant was never served with summons to enter appearance and copy of the plaint.
Issues
- Whether the Defendant was served with summons
- Whether the Defendant has a plausible defence
Reasoning
The court will consider all facts and circumstances, including whether the Defendant has a plausible defence, to avoid injustice or hardship.
Outcome
The ex parte judgment and consequential orders are set aside
Orders
- The ex parte judgment entered on 10th September 2004, not on 6th October, 2004 as stated, and all consequential orders be set aside ex debito justiciae
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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