Sheracco Co-op Savings and Credit Society Limited v Karuturi Limited (Under Receivership) & another [2019] KEHC 9675 (KLR)
- Court
- High Court of Kenya
- Case number
- 9675
- Citation
- [2019] KEHC 9675 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a default judgment and decreeCoramJ.N.MULWA
Holding
The application to set aside the default judgment and decree is allowed, and the 2nd Defendant is granted leave to defend the suit and pay throw away costs of the suit.
Facts
The plaintiff, Sheracco Co-op Savings and Credit Society Limited, initiated a suit against the defendants, Karuturi Limited (under receivership) and CFC Stanbic Bank Ltd, for a sum of Kshs.24,936,647/97 as at 7th February 2016 plus interest. The 2nd Defendant, CFC Stanbic Bank Ltd, failed to file its defence.
Issues
- Whether the application to set aside the default judgment and decree is frivolous, scandalous, offensive or an abuse of the court process.
- Whether the 2nd Defendant should be granted leave to defend the suit and pay throw away costs of the suit.
Reasoning
The application was not frivolous, scandalous, offensive, or an abuse of the court process. The 2nd Defendant has some semblance of a cause of action and triable issues.
Outcome
The application to set aside the default judgment and decree is allowed.
Orders
- Ex parte judgment entered against the 2nd defendant and all consequential orders hereof are hereby set aside.
- The 2nd defendant is granted leave to defend the suit by filing and service of its defence within 7 days of this ruling.
- That the 2nd defendant shall pay throw away costs of the suit to the plaintiff, taxed or agreed within 45 days of this order.
Remedies
- Leave to defend the suit
- Throw away costs of the suit
Authorities cited
Cases cited (2)
- Mbogo & Another -vs- Shah and Jaribu Holdings –vs- Kenya Commercial Bank – CA No . 314/2007
- D.T.Dobie & Co. (Kenya) ltd –vs- Muchina (1982) KLR 1.7
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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