BENJAMIN KEMOI SAMIKWA V KENYA COMMERCIAL BANK LIMITED [2012] KEHC 870 (KLR)
- Court
- High Court of Kenya
- Case number
- 870
- Citation
- [2012] KEHC 870 (KLR)
- Decided
- 14 November 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant seeks to set aside interlocutory judgment in default of defenceCoramF. AZANGALALA
Holding
The application is dismissed, and the interlocutory judgment in default of defence is not set aside.
Facts
The defendant failed to file a defence to the plaintiff's claim due to alleged improper service of the summons, which caused delay in the summons reaching the defendant's litigation department.
Issues
- Proper service of summons
- Bona fide triable issues in the defendant's defence
Reasoning
The defendant's service of the summons was not proper, and the proposed defence does not raise any bona fide triable issues.
Outcome
Defendant's application dismissed
Orders
- Interlocutory judgment in default of defence is not set aside
Authorities cited
Cases cited (1)
- Odunga's Digest on Civil Case Law and Practice
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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