Credit Agricole Indosuez v UNICOF Ltd. & Ors

Credit Agricole Indosuez v UNICOF Ltd. & Ors

The default judgment was entered on a false basis as to service; the claim form was not properly served on SDV as required by CPR 13.2, making setting aside mandatory.

Parties
Claimant: Credit Agricole Indosuez; Defendant: Unicof Limited; Defendant: Uneximp Limited; Defendant: Uneximp (T) Limited; Defendant: Josra Coffee Company Limited; Defendant: Hanif Moledina; Defendant: Ebrahim Moledina; Defendant: Karim Moledina; Defendant: Uneximp International LLC; Defendant: SDV Transami (Kenya) Limited
Jurisdiction
England and Wales
Judgment Date
04 February 2003
Procedural Posture
Commercial Claim / Application to Set Aside Default Judgment
Outcome
Default judgment set aside
Legal Topics
Default Judgment, Service of Process, Jurisdiction, Breach of Undertaking, Negligence, Deceit, Conspiracy
Civil Procedure Commercial Law Default Judgment Service of Process Jurisdiction Breach of Undertaking Negligence Deceit +1 more

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Parties

Credit Agricole Indosuez

Claimant

Unicof Limited

Defendant

Uneximp Limited

Defendant

Uneximp (T) Limited

Defendant

Josra Coffee Company Limited

Defendant

Hanif Moledina

Defendant

Ebrahim Moledina

Defendant

Karim Moledina

Defendant

Uneximp International LLC

Defendant

SDV Transami (Kenya) Limited

Defendant

Procedural Posture

Commercial Claim / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether default judgment should be set aside for lack of proper service
  2. 2 Whether SDV has a real prospect of defending the claim
  3. 3 Whether there is good reason to set aside the judgment due to misleading evidence

Ratio Decidendi

The default judgment was entered on a false basis as to service; the claim form was not properly served on SDV as required by CPR 13.2, making setting aside mandatory.

Court Disposition

Default judgment set aside

Orders

  • Default judgment set aside; parties to be heard on appropriate form of order and ancillary matters