Ahmed Sheikh Amin Msellem v Kenya Power & Lighting Company Ltd [2015] KEHC 2756 (KLR)
- Court
- High Court of Kenya
- Case number
- 2756
- Citation
- [2015] KEHC 2756 (KLR)
- Decided
- 25 September 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant seeks to review an order directing that the hearing proceed by affidavit evidence and unopposedCoramO. A. Angote
Holding
The court reviews its order and allows the Defendant to defend the suit by filing a Replying Affidavit within 14 days
Facts
The suit was commenced by an Originating Summons on 6th March 2015. The matter came up for directions on 2nd June 2015, and the court ordered the Originating Summons to proceed by affidavit evidence as undefended.
Issues
- Defendant's failure to attend court on 2nd June 2015 was an inadvertent mistake
- Defendant seeks to review the order directing the hearing proceed by affidavit evidence and unopposed
Reasoning
The court considers the Defendant's advocate's deponed statement that the failure to attend court was an inadvertent mistake due to the failure to diarize the date, and allows the Defendant to defend the suit.
Outcome
The court sets aside the order of 2nd June 2015 and directs the Defendant to file and serve a Replying Affidavit within 14 days
Orders
- Set aside the order of 2nd June 2015
- Direct the Defendant to file and serve a Replying Affidavit within 14 days
Remedies
- Allow the Defendant to defend the suit
Authorities cited
Legislation (1)
- Civil Procedure Rules
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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