David Bett Langat & 5 others v Southern Credit Banking Corporation Limited [2006] KEHC 1691 (KLR)
- Court
- High Court of Kenya
- Case number
- 1691
- Citation
- [2006] KEHC 1691 (KLR)
- Decided
- 26 May 2006
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous interlocutory judgmentCoramD. K. MARAGA
Holding
The application is dismissed as the grounds raised by the defendant are frivolous and do not constitute a preliminary objection.
Facts
The defendant applied to set aside an ex-parte interlocutory judgment entered against it, claiming the judgment was prematurely and irregularly entered and that the Deputy Registrar had no jurisdiction.
Issues
- Whether the defendant's application to set aside the ex-parte interlocutory judgment should be heard before the part-heard application
- Whether the court can entertain a fresh application filed subsequent to the application dated 7th January 2005
Reasoning
The court found the defendant's objections to be frivolous and did not amount to a preliminary objection as defined by the Court of Appeal.
Outcome
The application is dismissed
Authorities cited
Cases cited (1)
- Mukisa Biscuit Manufacturing Company Limited – Vs – West End Distributors Limited
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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