Superior Investors (K) Ltd v Evans Abincha Gesaka [2014] KEHC 973 (KLR)
- Court
- High Court of Kenya
- Case number
- 973
- Citation
- [2014] KEHC 973 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant's application to set aside ex-parte judgment and stay execution of decreeCoramJ. KAMAU
Holding
The Defendant's application is dismissed with costs to the Plaintiff
Facts
The Plaintiff filed a suit against the Defendant, and an ex-parte judgment was issued on June 13, 2013. The Defendant was served with the Decree and Certificate of Costs on July 13, 2013, but did not have notice of the suit.
Issues
- Whether the Defendant's application to set aside the ex-parte judgment and stay execution of the decree is merited
- Whether the Defendant was duly served with the summons and court process
Reasoning
The court found that the Defendant did not provide sufficient evidence of service of the summons and court process, and thus was not served with the suit. The court exercised its discretion to dismiss the application.
Outcome
Defendant's application dismissed
Orders
- Defendant's Notice of Motion application dated 24th July 2013 and filed on 25th July 2013 was not merited and is hereby dismissed with costs to the Plaintiff
Authorities cited
Cases cited (3)
- Order 10 Rule 11 of the Civil Procedure Rules
- Order 22 Rule 22 of the Civil Procedure Rules
- Civil Appeal No 16 of 1999John Akasirwa v Alfred Inat Kimuso (unreported)
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…