Kennedy Wainaina Ngenga v County Government of Nairobi; Co-operative Bank of Kenya (Garnishee) [2020] KEHC 3956 (KLR)
- Court
- High Court of Kenya
- Case number
- 3956
- Citation
- [2020] KEHC 3956 (KLR)
- Decided
- 13 July 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a preliminary objectionCoramAburili L., BWIRE FOR THE PLAINTIFF, Justice
Holding
The application by the defendant is granted, and the regular default/interlocutory judgment is set aside.
Facts
The defendant claimed they were not served with process and that the memorandum of appearance was filed without their instructions. The plaintiff argued that service was valid and that the defendant had entered into a consent.
Issues
- Was the defendant duly served with the plaint and summons?
- Does the defendant's draft defense raise triable issues?
Reasoning
The court found that the defendant was not served with process and that the memorandum of appearance was filed without their instructions, leading to a functional estoppel.
Outcome
The judgment is set aside.
Orders
- The regular default/interlocutory judgment of 10th April 2017 is set aside.
Authorities cited
Cases cited (2)
- Shah vs Mbogo (1967) EA 166
- Kenya Pipeline Company Limited vs Mafuta Products Limited (2014) eKLR
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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