Shiva Carriers Limited v Noah Njiri Opembe [2013] KEHC 2308 (KLR)
- Court
- High Court of Kenya
- Case number
- 2308
- Citation
- [2013] KEHC 2308 (KLR)
- Decided
- 20 September 2013
There is no merit to the Applicant's application. The Notice of Motion dated 19th October 2012 is hereby dismissed with costs to the Respondent.
Facts
The Applicant was the Defendant in a lower court case where judgment was delivered in favor of the Respondent for Kshs. 500,000. The proceedings were unclear, and the Applicant did not have an opportunity to defend itself. Judgment was entered after the Applicant failed to offer a Defence.
Issues
- Whether the Applicant's application to enlarge time for appeal and admit out of time the Memorandum of Appeal has merit.
- Whether the lower court refused an application to set aside the judgment and allow the Applicant to offer its Defence.
Reasoning
The lower court was satisfied that the provisions of Order 12 rule 2 had been complied with and proceeded to hear the Respondent's case in the absence of the Applicant. The Applicant is in the wrong Court and should have moved for orders to set aside the judgment and for the Defence to be received by the lower Court.
Outcome
Dismissed with costs
Orders
- Notice of Motion dated 19th October 2012 is hereby dismissed with costs to the Respondent.
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