[2021] KEHC 8217 (KLR)
The court found that the respondent/plaintiff was duly served with the application and court order but failed to file any response. The application to set aside the default judgment was therefore unopposed. Upon perusal of the application and supporting affidavit, the court was satisfied that the application was...
Source-derived case information.
- Citation
- [2021] KEHC 8217 (KLR)
- Parties
- Plaintiff: ASL Credit Limited; Defendant: Abdi Basid Sheikh Ali; Defendant: Hafsa K.S. Ali
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case E111 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Set Aside Default Judgment
- Outcome
- application allowed; default judgment set aside
- Judges
- WA Okwany
- Legal Topics
- Setting Aside Default Judgment, Service of Process, Interlocutory Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
ASL Credit Limited
Plaintiff
Abdi Basid Sheikh Ali
Defendant
Hafsa K.S. Ali
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application to Set Aside Default Judgment
Legal Issues
- 1 Whether the default judgment entered on 14th October 2020 should be set aside.
- 2 Whether the defendants were properly served with the application and court order.
- 3 Whether the application to set aside the default judgment was unopposed.
Ratio Decidendi
The court found that the respondent/plaintiff was duly served with the application and court order but failed to file any response. The application to set aside the default judgment was therefore unopposed. Upon perusal of the application and supporting affidavit, the court was satisfied that the application was merited. Consequently, the interlocutory judgment entered in default of defence and any consequential orders were set aside, and the defendants were granted leave to file and serve their defence within 14 days.
Court Disposition
application allowed; default judgment set aside
Orders
- The interlocutory judgment entered in default of defence and any consequential orders are set aside.
- The defendants shall file and serve their defence within 14 days from the date of this ruling.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
COMMERCIAL AND TAX DIVISION
HCCC NO. E111 OF 2018
ASL CREDIT LIMITED.....................................................................................PLAINTIFF
-VERSUS-
ABDI BASID SHEIKH ALI.....................................................................2ND DEFENDANT
HAFSA K.S. ALI.......................................................................................3RD DEFENDANT
RULING
1. This ruling is in respect to the application dated 4th November 2020 wherein the applicant/defendant seeks to discharge the default judgment entered on 14th October 2020. When the matter came up for hearing on 2nd December 2020, Mr. Kamau, learned counsel for the 1st and 2nd defendants informed the court that the respondent had not filed any response to the application in which case the same was unopposed. Counsel therefore urged this court to allow the application as presented.
2. I have perused the affidavit of service dated 11th November 2020 and I am satisfied that the Respondent/Plaintiff herein was duly served with court order dated 5th November 2020, and the application dated 4th November 2020.
3. I have also perused the said application and I find that it is merited. Consequently, I allow it in the following terms: -
a. The interlocutory judgment entered in default of defence in this matter and any consequential orders thereto are hereby set aside.
b. The defendants shall file and serve their defence within 14 days from the date of this ruling.
c. The costs of this application shall abide the outcome of the main suit.
DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS AT NAIROBI THIS 11TH DAY OF MARCH 2021IN VIEW OF THE DECLARATION OF MEASURES RESTRICTING COURT OPERATIONS DUE TO COVID -19 PANDEMIC AND IN LIGHT OF THE DIRECTIONS ISSUED BY HIS LORDSHIP, THE CHIEF JUSTICE ON THE 17TH APRIL 2020.
W. A. OKWANY
JUDGE
In the presence of:
Mr. Kamau for the defendant
Court Assistant: Sylvia.