STEPHEN MURIGI MUHUTHU & 2 OTHERS v PZ CUSSONS (E.A.) LIMITED [2007] KEHC 2733 (KLR)
- Court
- High Court of Kenya
- Case number
- 2733
- Citation
- [2007] KEHC 2733 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant seeks to set aside interlocutory judgment and obtain leave to defend the suit.CoramH. P. G. WAWERU
Holding
The interlocutory judgment is set aside, and the Defendant's defence is deemed to have been duly filed.
Facts
The Defendant failed to file its defence on time due to maternity leave and subsequent delays. Plaintiffs claim a liquidated demand and other claims.
Issues
- Whether the Defendant's failure to file defence on time was inordinate.
- Whether the Defendant's defence raises triable issues.
- Whether the Defendant's application is procedurally defective.
Reasoning
The court considers the Defendant's delay to be inadvertent and not inordinate, and the defence raises triable issues. The court finds it in the interests of justice to allow the application and proceed to trial.
Outcome
The interlocutory judgment is set aside, and the Defendant is granted leave to defend the suit.
Orders
- Interlocutory judgment set aside.
- Defendant's defence deemed to have been duly filed.
- Plaintiffs to bear the costs of the application.
Remedies
- Trial to establish respective rights of the parties.
Authorities cited
Legislation (1)
- Civil Procedure Rules
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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