Development Bank of Kenya Limited v Riva Oils Co. Limited & 3 others [2015] KEHC 7819 (KLR)
- Court
- High Court of Kenya
- Case number
- 7819
- Citation
- [2015] KEHC 7819 (KLR)
- Decided
- 6 October 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a judgment and decreeCoramE. K. O. OGOLA
Holding
The court set aside the interlocutory judgment and subsequent decree against the 3rd Defendant.
Facts
The Plaintiff, Development Bank of Kenya Limited, filed a suit against the 3rd Defendant, Samuel Kazungu Kambi, seeking payment of Kshs.304,906,835.40 together with interest. The 3rd Defendant was ordered to pay this amount in an interlocutory judgment and a subsequent decree. The 3rd Defendant subsequently initiated bankruptcy proceedings against the Plaintiff and the other defendants.
Issues
- Whether the interlocutory judgment and subsequent decree against the 3rd Defendant should be set aside due to lack of service of the judgment and subsequent proceedings
Reasoning
The court found that the 3rd Defendant was not served with the interlocutory judgment and subsequent proceedings, making the judgment irregular.
Outcome
The interlocutory judgment and subsequent decree against the 3rd Defendant were set aside.
Orders
- The 3rd Defendant shall file his defence to the suit within 7 days from the date of the ruling.
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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