Janet Kalekye Mututo v Bendeta Kiayua Kituku & another (Legal Representatives of Francis Kituku (Deceased) [2019] KEHC 4840 (KLR)
- Court
- High Court of Kenya
- Case number
- 4840
- Citation
- [2019] KEHC 4840 (KLR)
- Decided
- 3 July 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a Judgment entered by the Resident MagistrateCoramL. N. MUTENDE
Holding
The Appeal is dismissed with costs to the Respondent
Facts
The Respondent sued the Appellant for damages under the Fatal Accidents and Law Reform Act. The Appellant failed to file a defence and an interlocutory Judgment was entered against her. The Appellant later filed an application to set aside the Judgment.
Issues
- Service of the Appellant was proper
- Draft statement of defence raised triable issues
- Appellant's delay in filing the application
Reasoning
The Appellant's delay in filing the application was deliberate, and the draft statement of defence did not raise triable issues. The service of the Appellant was proper.
Outcome
Appeal dismissed
Authorities cited
Legislation (1)
- Fatal Accidents and Law Reform Act
Cases cited (5)
- Isaac Moracha Ongwacho vs. Dennis Willy Michuki & Another (2005) eKLR
- Francis Gichuki vs. Martin Leposo Tamoo (2004) eKLR Civil Appeal No. 530 of 2002
- Pithon Waweru Maina vs. Thuku Mugira (1983) KLR
- Shah vs. Mbogo (1967) EA 116
- Shabir Din vs. Ram Parkash Anand (1955) 22 EA CA 48
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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