AL-KARIN BADRUDIN SUDERJI & ANOTHER V CAPITAL CONSTRUCTION CO. LTD & 2 OTHERS [2012] KEHC 485 (KLR)
- Court
- High Court of Kenya
- Case number
- 485
- Citation
- [2012] KEHC 485 (KLR)
- Decided
- 15 November 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication to set aside default judgment and deem defences duly filedCoramL. NJAGI, OGOLA
Holding
The default judgment is set aside, and the defendants' defences are deemed duly filed.
Facts
A colossal sum of KShs. 215 Million was claimed by the plaintiffs against the defendants. The defendants denied the existence of any contract and the request for the sum.
Issues
- Whether the default judgment is in respect of a demand which is not liquidated.
- Whether the defendants have a merited defence to the plaintiffs' claim.
- Whether the belated filing of the defendants' defences was inadvertent.
Reasoning
The court finds that the defendants' defences raise bona fide triable issues and should be given an opportunity for trial.
Outcome
Application granted
Orders
- Default judgment against the 1st and 2nd Defendants set aside.
- Defendants' defences deemed duly filed.
- Defendants to meet the costs of the application.
Remedies
- Set aside default judgment
- Deem defences duly filed
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
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.
Loading judgment…