David Kiptanui Yego & 134 others v Benjamin Rono & 3 others [2021] KEHC 8485 (KLR)
- Court
- High Court of Kenya
- Case number
- 8485
- Citation
- [2021] KEHC 8485 (KLR)
- Decided
- 9 March 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for setting aside interlocutory judgmentCoramBosire, Sheridan
Holding
The court sets aside the interlocutory judgment and grants leave to file defence
Facts
The 1st, 2nd, and 3rd Defendants failed to enter appearance and file defence within the stipulated time, despite being served with the pleadings. They filed an application for setting aside the interlocutory judgment on 2/10/2020.
Issues
- Whether the court should set aside the interlocutory judgment and grant leave to file defence
- Whether the Defendants' failure to file defence within the stipulated time is excusable
Reasoning
The court finds that the Defendants' failure to file defence within the stipulated time is not excusable and that the interlocutory judgment was irregular due to improper service.
Outcome
The interlocutory judgment is set aside and the Defendants are granted leave to file defence
Orders
- The court certifies the application as urgent and hears it ex-parte
- The court grants a stay of proceedings pending the hearing and determination of the application
- The interlocutory judgment and consequential orders are set aside
- The 1st, 2nd, and 3rd Defendants are granted leave to file defence within 14 days
Remedies
- Leave to file defence
- Stay of proceedings
Authorities cited
Legislation (1)
- Civil Procedure Rules, 2010
Cases cited (4)
- Mwala -v- Kenya Bureau of Standards EA LR (2001) 1 EA 148
- Patel -v- E.A. Handling Services Ltd (1974) EZ 75
- Tree Shade Motor Ltd -v- D.T. Dobie Co. Ltd CA 38 of 1998
- Thayu Kamau Mukigi -v- Francis Kibaru Karanja (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.
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