Clement Otieno Okumu v Barclays Bank of Kenya Ltd & 2 others [2012] KEHC 2544 (KLR)
- Court
- High Court of Kenya
- Case number
- 2544
- Citation
- [2012] KEHC 2544 (KLR)
- Decided
- 30 August 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to review and/or vary orders made by Ojwang, J.CoramF. TUIYOTT
Holding
The Court dismissed the application as the 2nd and 3rd Defendants had not demonstrated service of their Defence upon the Plaintiff.
Facts
The 2nd and 3rd Defendants filed their Defence on 18th November 2008 and served it on the Plaintiff's Advocates on 19th November 2008. The 2nd and 3rd Defendants claimed that pleadings had closed.
Issues
- Whether the 2nd and 3rd Defendants had served their Defence upon the Plaintiff.
- Whether the close of pleadings had been properly determined.
Reasoning
The Court held that the 2nd and 3rd Defendants had not served their Defence upon the Plaintiff, and thus the time for reckoning the close of pleadings had not started to run.
Outcome
Application dismissed with costs.
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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