Peter Mwangi Kimani v Golden Homes Limited & 2 others [2017] KEHC 4033 (KLR)
- Court
- High Court of Kenya
- Case number
- 4033
- Citation
- [2017] KEHC 4033 (KLR)
- Decided
- 31 July 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeApplication to set aside judgmentPostureApplication to set aside judgment issued on 21st July 2016CoramRACHEL NGETICH
Holding
The application is dismissed with costs to the 3rd defendant
Facts
The plaintiff filed an application to set aside a judgment striking out the 3rd defendant from the suit. The 3rd defendant claimed to be a bonafide purchaser for value of an apartment unit and argued that the plaintiff's application was frivolous and an abuse of court process.
Issues
- Whether the plaintiff was given an opportunity to respond to the application to strike out the 3rd defendant
- Whether the plaintiff's delay in filing the application and responding to the application was excusable
Reasoning
The plaintiff did not file a response to the application and did not attend the hearing. The court found the plaintiff's delay in filing the application and responding to the application inexcusable.
Outcome
Application dismissed
Orders
- Application dismissed with costs to the 3rd defendant
Authorities cited
Cases cited (2)
- Paul Asin t/a Asin supermarket vs peter mukembi (2013) eKLR
- chemwolo & another vs Augustine Kubende (1982-88) KAR13
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.
Loading judgment…