CITY FINANCE BANK LIMITED v CAROLINE WANJIHIA [2008] KEHC 2679 (KLR)
- Court
- High Court of Kenya
- Case number
- 2679
- Citation
- [2008] KEHC 2679 (KLR)
- Decided
- 15 May 2008
The defendant's payments do not constitute a compromise as the defendant did not accept the terms of the without prejudice letter. The plaintiff's ex parte judgment remains valid and cannot be set aside.
Facts
The plaintiff, City Finance Bank Limited, sued Caroline Wanjihia for a sum of Kshs.4,359,259.50 and interest. The defendant did not enter appearance and no defence was filed. The plaintiff obtained an ex parte judgment and a decree was issued. The defendant made several payments but did not comply with the terms of a without prejudice letter dated 16th October, 2006.
Issues
- Whether the defendant's payments constitute a compromise of the plaintiff's claim.
- Whether the plaintiff's ex parte judgment can be set aside due to the defendant's failure to comply with the terms of the without prejudice letter.
Reasoning
The court finds that the defendant's failure to comply with the terms of the without prejudice letter precludes the plaintiff from abiding by the terms of the letter. The plaintiff's ex parte judgment remains valid and cannot be set aside.
Outcome
Application dismissed with costs to the plaintiff.
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