Lekakeny Olo Songirian v Benson Ole Soit Tasur [2014] KEHC 3334 (KLR)
- Court
- High Court of Kenya
- Case number
- 3334
- Citation
- [2014] KEHC 3334 (KLR)
- Decided
- 31 July 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant's application to set aside judgmentCoramS. Okongo, Mr. Mobisa
Holding
The judgment entered on 22nd May 2013 is a regular judgment and cannot be set aside.
Facts
The defendant claimed he was not served with a hearing notice for the hearing on 21st November 2011, and that the judgment entered on 22nd May 2013 was flawed, null and void.
Issues
- Whether the defendant was properly served with the hearing notice
- Whether the defendant's application is brought within a reasonable time
Reasoning
The defendant was properly served with the hearing notice, and the application was brought after unreasonable delay.
Outcome
The defendant's application is allowed in terms of prayers 2 and 4, with a condition that the defendant pays throw-away costs of Kshs.25,000 within 30 days.
Orders
- The defendant's application is allowed in terms of prayers 2 and 4
- The defendant shall pay throw-away costs of Kshs.25,000 within 30 days
Remedies
- The judgment entered on 22nd May 2013 shall stand reinstated automatically
- The plaintiff shall be at liberty to proceed with the process of execution
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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