Muthoka Kyengo & 2 others v Attorney General [2016] KEHC 1028 (KLR)
- Court
- High Court of Kenya
- Case number
- 1028
- Citation
- [2016] KEHC 1028 (KLR)
- Decided
- 2 November 2016
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a judgment entered on 16th October, 2012 and ex-parte proceedings on 7th June, 2012CoramE. OGOLA
Holding
The application is dismissed.
Facts
The defendant was allocated the case on March 3, 2013, and the plaintiff failed to enter appearance and file a defense on time. The defendant claims a strong defense with serious triable issues.
Issues
- Whether the application for dispensing with the application on priority basis should be granted.
- Whether the judgment entered on 16th October, 2012 should be set aside.
- Whether the ex-parte proceedings on 7th June, 2012 should be set aside.
- Whether the defendant should be given leave to file its defense out of time.
- Whether the costs of the application should be in the cause.
Reasoning
The court finds that the plaintiff has not sought leave to enter judgment in default of appearance or served the defendant with an application for leave as required by law. The failure to enter appearance and file defense on time was due to the defendant's office's mistake.
Outcome
Appeal dismissed
Orders
- The application for dispensing with the application on priority basis is dismissed.
- The judgment entered on 16th October, 2012 is not set aside.
- The ex-parte proceedings on 7th June, 2012 are not set aside.
- The defendant is not given leave to file its defense out of time.
- The costs of the application are not in the cause.
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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