MANJI CHARANIA & another v MARGARET OMUTERE [2006] KEHC 2106 (KLR)
- Court
- High Court of Kenya
- Case number
- 2106
- Citation
- [2006] KEHC 2106 (KLR)
- Decided
- 23 May 2006
The appeal is allowed, and the ex parte judgment is set aside. The original suit will be heard again before another magistrate. The parties are to continue holding the deposit as security until the finalization of the suit.
Facts
The original plaintiff was in the employment of the defendants and accused of theft. She was acquitted and sued by her employers. An ex parte judgment was entered against the defendants for false imprisonment and malicious damage. The defendants applied to set aside the judgment, claiming they were never served with the summons.
Issues
- Whether the defendants were properly served with the summons
- Whether the ex parte judgment should be set aside
Reasoning
The defendants claimed they were never served, and the process-server's evidence was questioned. The judge accepted the defendants' explanation and set aside the ex parte judgment.
Outcome
Appeal allowed
Orders
- Ex parte judgment set aside
- Original suit to be heard again before another magistrate
- Parties to continue holding the deposit as security
Remedies
- Costs to be determined in the cause
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