Bluebird Aviation Limited v Msi Aircraft Maintenance International Gmbh and Co.Kg [2019] KEHC 808 (KLR)
- Court
- High Court of Kenya
- Case number
- 808
- Citation
- [2019] KEHC 808 (KLR)
- Decided
- 21 November 2019
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a ruling and/or orders of the Chief Magistrate's CourtCoramA. MBOGHOLI MSAGHA
Holding
The appeal is allowed, and the lower court's ruling is set aside. The appellant's application to set aside the default judgment is granted, and the appellant is ordered to pay the costs of the appeal.
Facts
The respondent filed a suit against the appellant for USD 78,322.47, claiming services and parts supplied at the appellant's request. The appellant filed a notice of preliminary objection, arguing the suit was defective and incompetent.
Issues
- Deficiency of the appellant's defence
- Ex parte judgment setting aside
Reasoning
The court found that the appellant's notice of preliminary objection was not incompetent and that the defence raised triable issues. The court concluded that the appellant should have its day in court and allowed the appeal.
Outcome
Appeal allowed
Orders
- Order for costs to be paid by the appellant
- Remand of the file for hearing before another magistrate
Remedies
- Removal of the default judgment
- Payment of the costs of the appeal
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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