Aberdare Cheese Factory Ltd & another v Oriental Commercial Bank [2005] KEHC 899 (KLR)
- Court
- High Court of Kenya
- Case number
- 899
- Citation
- [2005] KEHC 899 (KLR)
- Decided
- 27 June 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication to set aside interlocutory judgmentCoramGachuhi
Holding
The interlocutory judgment in favor of the defendant on the counterclaim is set aside.
Facts
The plaintiff sought to stop the defendant claiming arrears of Kshs 7 million, while the defendant filed a counterclaim for Kshs 9 million. The plaintiff's counsel inadvertently failed to file a defence to the counterclaim within time.
Issues
- Correctness of the loan amount
- Service of statutory notices
- Recent valuation of charged property
Reasoning
The court finds that the plaintiff's application is not delayed and that there are triable issues raised by the plaintiff. The plaintiff's counsel's mistake is excusable, and the court exercises its discretion in favor of the plaintiff.
Outcome
The interlocutory judgment is set aside.
Orders
- Ex parte judgment set aside
- Grant leave to file and serve a reply defence and defence to counterclaim within 7 days
- Award costs of the application to the defendant
Remedies
- Set aside the interlocutory judgment
- Grant leave to file a reply defence and counterclaim
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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