Joseph Nzyoki Mwanthi t/a Joe N. Mwanthi & Co. Advocates v Frametech Equipment Limited [2019] KEHC 753 (KLR)
- Court
- High Court of Kenya
- Case number
- 753
- Citation
- [2019] KEHC 753 (KLR)
- Decided
- 20 December 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureFirst AppealCoramC. Kariuki
Holding
The ruling and order of Hon. D. A. Ocharo, Principal Magistrate are set aside and the orders/ruling dated 15/10/2018 and delivered on 22/10/2018 are reinstated.
Facts
Default judgment was entered against the appellant on 28/11/2016. The appellant sought to set aside the judgment and file a defence, which was granted by Hon. Gichobi Magistrate.
Issues
- whether the appellant's appeal has merit?
- order as to costs
Reasoning
The court found that the ruling was not properly served and that the appellant was not given proper notice of the delivery of the ruling.
Outcome
Appeal successful
Orders
- The ruling and order of Hon. D. A. Ocharo, Principal Magistrate are set aside.
- The appellant shall serve afresh the defence upon Respondent within 14 days of this judgement.
Remedies
- Reinstatement of the ruling and order of Hon. Gichobi Magistrate
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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