FABRIZIO GRIGOLETTI & Another v KENYA POWER & LIGHTING CO. LTD & Another [2011] KEHC 1399 (KLR)
- Court
- High Court of Kenya
- Case number
- 1399
- Citation
- [2011] KEHC 1399 (KLR)
The application is dismissed with costs to the respondent due to inordinate delay and abuse of the court process.
Facts
The plaintiffs, Fabrizio Grigoletti and Coa Ada, filed a claim against Kenya Power & Lighting Co. Ltd and Isaack Thoya for alleged destruction of their property by fire, attributed to the plaintiffs' negligence. The defendants were not served with the summons and only became aware of the matter upon being served with the plaintiffs' application dated 10th March 2010.
Issues
- Whether the defendant was not served with the summons and only became aware of the matter upon being served with the plaintiffs' application dated 10th March 2010.
- Whether the defendant has a good defence which raises triable issues and should be determined on merit.
- Whether the plaintiff stands to suffer no prejudice that cannot be redressed by way of costs, in the event that the orders sought are granted.
- Whether setting aside the default judgment would give the parties a fair chance to ventilate their issues.
Reasoning
The court finds that the delay in filing the defence was inordinately long and the applicant is being less than candid. The court also notes that the defendants were served with pleadings but failed to file defence, and the claim was based on liquidated damages.
Outcome
Application dismissed
Orders
- Application dismissed with costs to the respondent
Loading judgment…