Logitac Global Logistics Limited v Rentworks East Africa Limited (Commercial Case 342 of 2017) [2023] KEHC 24740 (KLR) (Commercial and Tax) (6 October 2023) (Ruling)
- Court
- High Court of Kenya
- Case number
- 24740
- Citation
- [2023] KEHC 24740 (KLR)
- Decided
- 6 October 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCommercial CasePostureApplication to set aside default judgmentCoramMN MWANGI, Sheridan
Holding
The default judgment and consequential orders should be set aside due to the defendant's lack of service with the amended plaint.
Facts
The defendant failed to file a defence within the prescribed period, leading to an amended plaint being filed. The defendant claims they were not served with the amended plaint.
Issues
- Whether the default judgment and consequential orders should be set aside
- Whether the defendant was properly served with the amended plaint
Reasoning
The defendant was not served with the amended plaint, which was a prerequisite for their failure to file a defence. The court exercised its discretion to set aside the judgment to avoid injustice.
Outcome
The default judgment and consequential orders are set aside.
Orders
- The default judgment and all consequential orders against the defendant are set aside
Remedies
- The defendant is granted unconditional leave to defend the suit
Authorities cited
Legislation (2)
- Civil Procedure Rules, 2010
- Civil Procedure Act
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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