CIC General Insurance Company Limited v Ngole (Civil Appeal 69 of 2017) [2023] KEHC 689 (KLR) (9 February 2023) (Judgment)
- Court
- High Court of Kenya
- Case number
- 689
- Citation
- [2023] KEHC 689 (KLR)
- Decided
- 9 February 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a Ruling and JudgmentCoramJB Ojwang, MW Muigai, Madan, Others EAC
Holding
The Appeal succeeds and the ruling and judgment are set aside. The matter shall be placed before another court for hearing.
Facts
CIC General Insurance Company Limited filed an application under Article 159(2)(b) of the Constitution of Kenya, seeking to strike out the Defendant's defense and enter judgment in favor of the Respondent.
Issues
- Whether the Defendant's defense should be struck out due to delay
- Whether the Defendant should be ordered to pay punitive costs
Reasoning
The Court found the Defendant's delay in responding to the application unreasonable but cured by admitting the pleadings out of time with payment of punitive costs. The Court also held that the Defendant should have sought leave to respond out of time or made the relevant application on time.
Outcome
Appeal Succeeds
Orders
- Ruling and judgment delivered on May 11, 2017 and all subsequent orders and decrees are hereby set aside
- The matter shall be placed before another court for hearing
Remedies
- Punitive costs to be paid by the Defendant
Authorities cited
Legislation (2)
- Article 159(2)(b) of the Constitution of Kenya
- Civil Procedure Act
Cases cited (4)
- Haile Selassie Avenue Development Co Limited v Josephat Muriithi & 10 others [2004] eKLR
- David Gicheru v Gicheha Farms Limited & Another [2020] eKLR
- Blue Shield Insurance Company Ltd vs Joseph Mboya Oguttu [2009] eKLR
- Olympic Escort International Co Ltd & 2 Others –vs- Parminder Singh Sandhu & Another [2009] 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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