D. T. Dobie (K) Limited v Mary Goretty Mbatha & 2 others [2015] KEHC 565 (KLR)
- Court
- High Court of Kenya
- Case number
- 565
- Citation
- [2015] KEHC 565 (KLR)
- Decided
- 11 December 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment entered by a Senior Resident MagistrateCoramJ. K. SERGON
Holding
The appeal is dismissed with costs to the 1st Respondent
Facts
Mary Goretti Mbatha was involved in a road traffic accident while boarding a motor vehicle registration no. KAB 689V. The vehicle belonged to Samuel K. Mamo and D. T. Dobie (K) Ltd. The 1st Respondent filed a compensatory suit against the Appellant, the 2nd and 3rd Respondents, seeking damages and costs.
Issues
- Whether the trial magistrate erred in law by exercising her discretion wrongly in refusing to set aside the judgment against the Appellant
- Whether the Appellant was served with the summons to enter appearance and the plaint
- Whether the Appellant had instructed the firm of Kangethe & Co. Advocates to act for it
Reasoning
The Appellant failed to tender credible evidence to show it was not served. The firm of Kangethe & Co. Advocates had full instructions to act for the Appellant, and the Appellant voluntarily closed its defence without summoning witnesses.
Outcome
Appeal dismissed
Orders
- Judgment entered against the Appellant, the 2nd and 3rd Respondents in the sum of ksh.201,100/= set aside
- Costs to the 1st Respondent
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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