PETER KAMAU IKIGU v BARCLAYS BANK OF KENYA & ANOTHER [2008] KEHC 3422 (KLR)
- Court
- High Court of Kenya
- Case number
- 3422
- Citation
- [2008] KEHC 3422 (KLR)
- Decided
- 7 May 2008
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication to strike out defence and seek judgmentCoramL. KIMARU, M. A. WARSAME
Holding
The plaintiff's application is allowed. The statement of defence dated 7th November, 2007 is struck out with costs to the plaintiff.
Facts
The plaintiff filed a notice of motion seeking to strike out the defence dated 7th November, 2007 filed by the 2nd defendant, alleging breach of court order and failure to pay thrown-away costs.
Issues
- Whether the 2nd defendant failed to comply with the court order to file a defence within ten days
- Whether the 2nd defendant failed to pay thrown-away costs
Reasoning
The 2nd defendant failed to file a defence within the ten-day period and did not pay the requisite filing fees, thus breaching the court order. The 2nd defendant did not seek an extension of time, and his failure to file a defence within the extended period is deemed to have sealed his fate.
Outcome
The plaintiff's application is allowed.
Orders
- The statement of defence dated 7th November, 2007 is struck out with costs to the plaintiff.
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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