NATIONAL BANK OF KENYA v MINTO TRAVEL LTD & ANOTHER [2007] KEHC 3713 (KLR)

Facts

The plaintiff sued the defendants for payment of a sum of Kshs 4,000,000.00 due under a guarantee, claiming interest and costs. The defendants denied the claim and joined the first defendant as a co-defendant. The case proceeded to judgment in favor of the plaintiff.

Issues

1. Past consideration in the guarantee
2. Defendants' non-appearance at trial
3. Application to set aside ex parte judgment
4. Procedural defects in the amended plaint

Reasoning

The court found that the defendants' non-appearance was not their fault and that the plaintiff's failure to comply with procedural requirements was the substantial cause of the delay.

Outcome

The application is allowed, the ex parte judgment is set aside, and the case is ordered to proceed with a new period for compliance with procedural requirements.