[2025] KEHC 10281 (KLR)

[2025] KEHC 10281 (KLR)

The court found that the defendant, having been granted an express extension of time to file her defence, failed to comply with the court's order and filed her statement of defence out of time and without leave. The explanations offered for the delay were deemed unsubstantiated and insufficient. The court held that such conduct amounted to an abuse of the court process and that the late filing was not curable under the circumstances. The court emphasized that the rules and timelines set by the court must be observed to ensure the expeditious and fair administration of justice. Consequently, the court exercised its discretion to strike out the defendant's statement of defence and...

Citation
[2025] KEHC 10281 (KLR)
Parties
Plaintiff: Harbinder Singh Bhogal; Defendant: Hilda Muthoni Mukui
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
17 June 2025
Case Number
Civil Case E010 of 2023
Procedural Posture
Civil Case / Ruling on Application to Strike Out Defence and Reinstate Default Judgment
Outcome
application allowed; defence struck out; default judgment reinstated
Judges
SM Mohochi
Legal Topics
Striking Out of Pleadings, Default Judgment, Late Filing of Defence, Overriding Objective, Abuse of Court Process
Source Language
English
Civil Procedure Commercial and Corporate Striking Out of Pleadings Default Judgment Late Filing of Defence Overriding Objective Abuse of Court Process

Case Brief

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Parties

Harbinder Singh Bhogal

Plaintiff

Hilda Muthoni Mukui

Defendant

Procedural Posture

Civil Case / Ruling on Application to Strike Out Defence and Reinstate Default Judgment

Legal Issues

  1. 1 Whether the defendant's statement of defence filed out of time without leave should be struck out.
  2. 2 Whether the default judgment previously entered against the defendant should be reinstated.
  3. 3 Whether the defendant's explanation for late filing constitutes sufficient cause to excuse non-compliance with court orders.

Ratio Decidendi

The court found that the defendant, having been granted an express extension of time to file her defence, failed to comply with the court's order and filed her statement of defence out of time and without leave. The explanations offered for the delay were deemed unsubstantiated and insufficient. The court held that such conduct amounted to an abuse of the court process and that the late filing was not curable under the circumstances. The court emphasized that the rules and timelines set by the court must be observed to ensure the expeditious and fair administration of justice. Consequently, the court exercised its discretion to strike out the defendant's statement of defence and...

Court Disposition

application allowed; defence struck out; default judgment reinstated

Orders

  • The statement of defence dated 28th June 2024 and all accompanying documents is hereby struck out.
  • The judgment in default dated 19th July 2023 is hereby reinstated.