Rose Jerono Tiren v Isaac K. Tallam [2021] KEHC 722 (KLR)
- Court
- High Court of Kenya
- Case number
- 722
- Citation
- [2021] KEHC 722 (KLR)
- Decided
- 6 December 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a default judgmentCoramAinley, BC Harris, HARRIS, Harris, Kneller, Sheridan
Holding
The appeal is incompetent due to the omission of the order appealed from in the record of appeal.
Facts
The respondent filed a suit against the appellant for Kshs 7,500,000, claiming it was advanced as a loan secured by the appellant's property. The appellant failed to enter appearance and file a defence, leading to a default judgment and subsequent sale of the property.
Issues
- Whether the appeal is competent
- Whether there was valid personal service
- Whether the trial court erred in failing to set aside ex-parte orders and uphold the default judgment
Reasoning
The court found the appeal incompetent because the order appealed from was not included in the record of appeal, as required by Civil Procedure Rules.
Outcome
The appeal is dismissed as incompetent.
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…