Noniko Holdings Limited & 2 others v Atticon Limited & 5 others [2020] KEHC 3291 (KLR)
- Court
- High Court of Kenya
- Case number
- 3291
- Citation
- [2020] KEHC 3291 (KLR)
- Decided
- 9 September 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for setting aside ex parte judgment
Holding
The ex parte judgment and resultant decrees/orders are set aside, and the defendants are granted leave to file their statement of defence out of time.
Facts
The plaintiffs failed to file their defence within the statutory time frame, leading to the defendants filing a reply to the statement of defence.
Issues
- Setting aside ex parte judgment
- Leave to file statement of defence out of time
- Determination of prejudice
Reasoning
The court found that the defendants' defence was filed more than 70 days after the statutory time frame, and the plaintiffs would suffer prejudice if the defendants obtained relief.
Outcome
Application granted
Orders
- Ex parte judgment set aside
- Leave to file statement of defence out of time granted
Remedies
- Costs to be determined in the main suit
Authorities cited
Legislation (3)
- Civil Procedure Act
- Order 7 Rule 1
- Order 10 Rule 11
Cases cited (4)
- Tree Shade Motors Ltd vs. DT Dobie & Anor
- CFC Stanbic Limited v John Maina Githaiga & another
- The Registered Trustees of the Archdiocese of Dar es Salaam vs The Chairman Bunju Village Government & Others
- Wachira Karani v Bildad Wachira
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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