Dolphin Transporters Limited v Bank of India Limited & 4 others [2013] KEHC 7032 (KLR)
- Court
- High Court of Kenya
- Case number
- 7032
- Citation
- [2013] KEHC 7032 (KLR)
- Decided
- 4 October 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from an interlocutory judgmentCoramG.K. KIMONDO
Holding
The interlocutory judgment is set aside upon satisfaction of the two conditions: depositing the decretal sum in Court or in an interest-earning account, and paying thrown-away costs.
Facts
The 2nd defendant failed to enter appearance and defend the action by way of counterclaim within the prescribed time, leading to an interlocutory judgment in default.
Issues
- Whether the 2nd defendant's application to set aside the interlocutory judgment should be granted
- Whether the 2nd defendant should be granted conditional leave to defend the suit
Reasoning
The court found that the 2nd defendant was personally served and did not provide a good reason for failure to enter appearance, leading to a sense of obstruction of justice. The court granted conditional leave to defend, with the 2nd defendant required to demonstrate good faith.
Outcome
The interlocutory judgment is set aside.
Orders
- The 2nd defendant must deposit the decretal sum in Court or in an interest-earning account within 60 days.
- The 2nd defendant must pay thrown-away costs of Kshs 30,000 within 60 days.
- If the 2nd defendant fails to meet the conditions, the statement of defence shall stand struck out and the interlocutory judgment shall be reinstated.
Remedies
- Conditional leave to defend the suit
- Deposit of the decretal sum in Court or in an interest-earning account within 60 days
- Payment of thrown-away costs of Kshs 30,000 within 60 days
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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