Kenya Broadcasting Corporation v National Authority for The Campaign Against Alcohol and Drug Abuse (NACADA) [2015] KEHC 2645 (KLR)
- Court
- High Court of Kenya
- Case number
- 2645
- Citation
- [2015] KEHC 2645 (KLR)
- Decided
- 16 September 2015
The court allows the application for setting aside the exparte interlocutory judgment and orders the application for stay of proceedings to be heard on the same day as the suit.
Facts
The plaintiff, Kenya Broadcasting Corporation, filed a suit against the defendant, National Authority for the Campaign Against Alcohol and Drug Abuse, seeking to recover a liquidated sum of Kshs 47,792,000 and damages for breach of contract. The defendant filed a Chamber Summons seeking to stay the proceedings pending arbitration.
Issues
- Whether the defendant has made out a case for the exercise of the court's discretion to set aside the exparte judgment
- Whether the judgment entered against the defendant was regular
Reasoning
The court exercised its discretion to set aside the exparte judgment as the defendant raised a reasonable defence and the plaintiff was not prejudiced by the delay.
Outcome
The court allows the application for setting aside the exparte interlocutory judgment.
Orders
- The exparte interlocutory judgment is set aside.
- The application for stay of proceedings is heard on the same day as the suit.
- The plaintiff is granted leave to file and serve a replying affidavit/grounds of opposition within 7 days.
- The defendant bears the costs of the application.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Arbitration Act
Cases cited (4)
- Philip Kiptoo Chemwolo and Mumias Sugar Company Ltd v Augustine Kubede (1982-1988) KAR
- Jomo Kenyatta University of Agriculture and Technology v Musa Ezekiel Oebal (2014) e KLR CA 217/2009
- Shah v Mbogo & Another (1967) EA 116
- Sebei District Administration v Gasyali & others (1968) EA 300
Loading judgment…