New Age Developers and Construction Limited v Samuel Wambugu Kahiga [2019] KEHC 464 (KLR)

Facts

The appellant, New Age Developers and Construction Limited, sought to set aside a default judgment entered against it on 1st February 2016. The default judgment was entered after the appellant failed to enter appearance and file a statement of defence in time. The appellant claimed that the delay was due to a mistake by the insurance brokers in transmitting the summons to its insurers.

Issues

1. whether the trial magistrate was justified in rejecting to set aside the default judgment
2. what are the conditions for setting aside the default judgment
3. what is the order as to costs

Reasoning

The court held that the appellant's defence raised triable issues and that the trial magistrate's decision was not clearly wrong. The court found that the appellant had reasonable expectations that the insurance brokers would forward the summons to its insurers.

Outcome

Appeal dismissed

Authorities cited