Mohamed Farah Bardad v Ali Mohmed Ibrahim (suing as a personal representative of the estate of Mohamed Ibrahim Ada (Deceased ) Mohamed CMC Motors Group Ltd [2015] KEHC 1456 (KLR)
- Court
- High Court of Kenya
- Case number
- 1456
- Citation
- [2015] KEHC 1456 (KLR)
- Decided
- 9 October 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant/Applicant appeals from a judgment dismissing an application for stay of execution and stay of proceedings.CoramJ. K. SERGON
Holding
The application is dismissed with costs to the applicant.
Facts
The applicant filed an application seeking to set aside an ex parte judgment in Milimani CMCC number 166 of 2012, claiming 100% liability, but the trial court dismissed the application. The applicant then filed an appeal and a stay of execution application.
Issues
- Whether the applicant's application for stay of execution and stay of proceedings has merit.
- Whether the judgment entered against the applicant was entered on 28th September 2012, and if so, whether the applicant was served with summons and failed to enter an appearance.
Reasoning
The court found no merit in the application due to inordinate delay and the applicant's failure to enter an appearance.
Outcome
Appeal dismissed
Orders
- Application for stay of execution and stay of proceedings dismissed
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…