Elizabeth Mary Okelo v Longliqi International (Kenya) Limited & 3 others [2020] KEHC 971 (KLR)
- Court
- High Court of Kenya
- Case number
- 971
- Citation
- [2020] KEHC 971 (KLR)
- Decided
- 18 December 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a default judgmentCoramD. S. MAJANJA
Holding
The judgment in default of filing defence is set aside due to the failure to file defence due to negotiations for settlement, and there is no evidence of deliberate delay.
Facts
The Plaintiff filed a suit against the Defendants seeking damages for fraud and breach of contract. The Defendants failed to file their defence due to negotiations for settlement.
Issues
- Whether the judgment in default of filing defence should be set aside
- Whether the failure to file defence was deliberate or intended to delay justice
Reasoning
The court exercised its unfettered discretion under Order 10 rule 11 of the Civil Procedure Rules to set aside the judgment. The court found that the failure to file defence was not deliberate and that the parties were involved in negotiations for settlement.
Outcome
The judgment in default of filing defence is set aside.
Orders
- Interlocutory judgment entered herein is set aside
- The Defendants are directed to file and serve their respective defences within 14 days from the date hereof
- The respective Defendants shall pay costs of Kshs. 15,000.00 each to the Plaintiff within 14 days
Remedies
- Assuagement of any prejudice suffered by the Plaintiff by an award of costs
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (2)
- Shah v Mbogo and Another [1967] EA 116
- Richard Nchapai Leiyangu v IEBC & 2 others NYR CA Civil Appeal No. 18 of 2013 [2013] 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.
Loading judgment…