[2020] KEHC 971 (KLR)

[2020] KEHC 971 (KLR)

The court found that the Defendants' failure to file their defences was not deliberate or intended to delay or defeat justice, but was due to a genuine belief that settlement negotiations were ongoing. The court accepted the explanation provided by the Defendants' advocates and noted that there was no evidence of intentional obstruction of justice. Furthermore, the court observed that the Plaintiff's claim involved contentious issues of breach of contract and alleged fraud, which required resolution at trial. The court determined that the Defendants' proposed defences were not frivolous and that any prejudice to the Plaintiff could be compensated by an award of costs. Accordingly, the...

Citation
[2020] KEHC 971 (KLR)
Parties
Plaintiff: Elizabeth Mary Okelo; Defendant: Longliqi International (Kenya) Limited; Defendant: Longliqi International (Nig) Limited; Defendant: Longliqi Global Holdings Co. Limited; Defendant: Jia Dian
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
18 December 2020
Case Number
Civil Case E264 of 2020
Procedural Posture
Civil Case / Application to Set Aside Default Judgment
Outcome
Application to set aside default judgment allowed.
Judges
DAS Majanja
Legal Topics
Setting Aside Default Judgment, Ex Parte Judgment, Breach of Contract, Fraudulent Misrepresentation
Source Language
English
Civil Procedure Commercial and Corporate Setting Aside Default Judgment Ex Parte Judgment Breach of Contract Fraudulent Misrepresentation

Case Brief

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Parties

Elizabeth Mary Okelo

Plaintiff

Longliqi International (Kenya) Limited

Defendant

Longliqi International (Nig) Limited

Defendant

Longliqi Global Holdings Co. Limited

Defendant

Jia Dian

Defendant

Procedural Posture

Civil Case / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the court should set aside the default judgment entered against the Defendants.
  2. 2 Whether the Defendants have provided sufficient explanation for failing to file their defences.
  3. 3 Whether the Defendants have a plausible defence to the Plaintiff's claim.

Ratio Decidendi

The court found that the Defendants' failure to file their defences was not deliberate or intended to delay or defeat justice, but was due to a genuine belief that settlement negotiations were ongoing. The court accepted the explanation provided by the Defendants' advocates and noted that there was no evidence of intentional obstruction of justice. Furthermore, the court observed that the Plaintiff's claim involved contentious issues of breach of contract and alleged fraud, which required resolution at trial. The court determined that the Defendants' proposed defences were not frivolous and that any prejudice to the Plaintiff could be compensated by an award of costs. Accordingly, the...

Court Disposition

Application to set aside default judgment allowed.

Orders

  • The Notices of Motion dated 2nd December 2020 are allowed.
  • Interlocutory judgment entered herein is set aside.