Bulent Gulbahar & anotherv Fidelity Security Limited & 2 others [2020] KEHC 1924 (KLR)
- Court
- High Court of Kenya
- Case number
- 1924
- Citation
- [2020] KEHC 1924 (KLR)
- Decided
- 6 November 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureMotion to strike out defendants' statement of defence and to strike out 3rd defendant's memorandum of appearanceCoramJ. K. SERGON
Holding
The defendants' defence is deemed as duly filed with leave of court
Facts
The plaintiffs filed a suit on 8th October 2019 and served the plaint and summons to enter appearance on 28th October 2019. The defendants filed their defence on 25th November 2019 without seeking leave.
Issues
- Whether the defendants' defence was filed out of time and without leave
- Whether the defendants' memorandum of appearance was filed out of time and without leave
Reasoning
The court found that the defendants offered a plausible explanation for their failure to file their defence within the time prescribed by the statute and rules. The court dismissed the motion to strike out the defence.
Outcome
Motion dismissed with no order as to costs
Orders
- Defendants' defence deemed as duly filed with leave of court
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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