Emergency Plus Medical Services Limited v Mandera County Government [2021] KEHC 1773 (KLR)
- Court
- High Court of Kenya
- Case number
- 1773
- Citation
- [2021] KEHC 1773 (KLR)
- Decided
- 25 November 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for leave to enter a default judgmentCoramALI-ARONI
Holding
The court declines to grant the application for leave to enter a default judgment and directs that the matter proceeds to full hearing.
Facts
Emergency Plus Medical Services Limited filed a suit against Mandera County Government for an outstanding amount of Kshs.18,997,545.86 arising from a contract entered into on May 19, 2014. The County Government failed to file a defence within the stipulated time.
Issues
- Whether the defence was filed inordinately late.
- Whether to grant leave and enter the default judgment.
Reasoning
The court found the delay in filing the defence to be excusable due to the impact of the COVID-19 pandemic, and allowed the defence to be admitted for the case to be heard on its merits.
Outcome
The application for leave to enter a default judgment is denied.
Orders
- The matter proceeds to full hearing.
- Counsel on record for the Respondent/defendant to file his notice of appointment if at all this was not done.
Authorities cited
Cases cited (8)
- Trust Bank Ltd vs Amalo Company Ltd
- Mwangi S. Kimenyi vs Attorney General & Another
- Patel vs East Africa Cargo Handling Services Ltd
- Moi University vs Vishva Builders Ltd
- Kundanlal Restaurant vs Devshi & Co. Ltd
- Souza Fiqueredo & 10 Others vs Moorings Hotel
- H.D Hasmani vs Banque Du Congo Belge
- Patel vs E.A Cargo Handling Ltd
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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