Atlantic Pictures Limited v Insight Kenya Limited [2019] KEHC 12401 (KLR)
- Court
- High Court of Kenya
- Case number
- 12401
- Citation
- [2019] KEHC 12401 (KLR)
- Decided
- 11 November 2019
The court dismisses the application and sets aside the judgment on condition that the applicant deposits the entire decretal sum in an interest-earning account within 15 days. Failure to do so will result in the order setting aside the judgment being automatically revoked.
Facts
Insight Kenya Limited filed a notice of motion application seeking to set aside an ex parte judgment in default entered against it on 14th November 2018. The applicant, Atlantic Pictures Limited, argued that it was ready and willing to litigate the matter and that the failure to file a defence was not its fault.
Issues
- Setting aside an ex parte judgment in default
- Abuse of court process
Reasoning
The court finds that the applicant did not have the defence and counter claim ready when the fees were paid, and that the reasons advanced for failure to file the defence have no merit.
Outcome
Application dismissed, judgment set aside with conditions
Orders
- Set aside the judgment on condition that the applicant deposits the entire decretal sum in an interest-earning account within 15 days
- Failure to deposit the sum will result in the order setting aside the judgment being automatically revoked
Remedies
- Deposit the entire decretal sum in an interest-earning account in the names of the parties' counsels within fifteen (15) days of the date of this order
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules 2010
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