Mobimex Tours & Safaris (K) Ltd v Shaymic Mulaa Kalitu [2019] KEHC 1685 (KLR)
- Court
- High Court of Kenya
- Case number
- 1685
- Citation
- [2019] KEHC 1685 (KLR)
- Decided
- 28 November 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal on both facts and law from a ruling dismissing a Notice of Motion to set aside an ex parte judgmentCoramC. W. GITHUA
Holding
The appeal is dismissed with costs to the respondent.
Facts
The respondent filed a suit against the appellant for injuries sustained in an accident during employment. The appellant failed to enter appearance or file a defence, leading to an ex parte judgment in the respondent's favor.
Issues
- Whether the learned trial magistrate misdirected himself in finding that the appellant's draft defence consisted of mere denials and did not raise triable issues.
- Whether the learned trial magistrate abused his discretion in dismissing the Notice of Motion to set aside the ex parte judgment.
Reasoning
The trial court properly exercised its discretion in dismissing the Notice of Motion, as the appellant's draft defence did not contain any triable issues.
Outcome
Appeal dismissed
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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