[2014] KEHC 2474 (KLR)
The court found that although the defendant did not file a defence within the original stipulated period, the court had subsequently exercised its discretion to allow the defendant to file a defence out of time. The defendant complied with the court's order and filed the defence within the extended period. In these...
Source-derived case information.
- Citation
- [2014] KEHC 2474 (KLR)
- Parties
- Plaintiff: Godfrey Mate; Defendant: The Hon. Attorney General
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 186 of 2011
- Procedural Posture
- Civil Suit / Ruling on Interlocutory Application for Judgment in Default of Defence
- Outcome
- application dismissed
- Judges
- FM Njoroge
- Legal Topics
- Default Judgment, Interlocutory Applications, Filing of Defence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Godfrey Mate
Plaintiff
The Hon. Attorney General
Defendant
Procedural Posture
Civil Suit / Ruling on Interlocutory Application for Judgment in Default of Defence
Legal Issues
- 1 Whether the plaintiff is entitled to interlocutory judgment against the defendant for failure to file defence within the stipulated time.
- 2 Whether leave should be granted to the plaintiff to seek judgment in default of defence.
Ratio Decidendi
The court found that although the defendant did not file a defence within the original stipulated period, the court had subsequently exercised its discretion to allow the defendant to file a defence out of time. The defendant complied with the court's order and filed the defence within the extended period. In these circumstances, the basis for entering interlocutory judgment in default of defence no longer existed. The court therefore dismissed the plaintiff's application for interlocutory judgment, holding that the matter should proceed on its merits with both parties' pleadings properly on record.
Court Disposition
application dismissed
Orders
- The plaintiff's application for interlocutory judgment in default of defence is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HCC NO. 186 OF 2011
GODFREY MATE..........................................................................................PLAINTIFF
VERSUS
THE HON. ATTORNEY GENERAL........................................................DEFENDANT
R U L I N G
This application is dated 26th June, 2012 and seeks orders:
THAT leave be granted to the Plaintiff to seek Judgment against the Defendant in default of defence herein.
THAT interlocutory Judgment be entered against the Defendant for failing to file defence within the stipulated time.
THAT the costs of this application be provided for by the Plaintiff.
It is, also predicated upon the following grounds:
That the Defendant filed the Memorandum of Appearance on 8th February. 2012.
That the Defendant is required by Law to file defence within Fourteen days thereafter.
That to date the Defendant has not filed the Defence.
On 7. 7.2014 this Court allowed the defendant to file his defence and his other documents within 21 days. He filed his defence within the allowed time.
Although the plaintiff/Applicant's advocate is not in Court, the day of hearing of the plaintiff's application, today, was fixed in his presence. Considering all the circumstances of this application, and especially the fact that the defendant has filed his defence, I dismiss the application with no order as to costs.
It is so ordered.
Delivered in Open Court at Meru this 24th day of July, 2014 in the presence of:
Cc. Daniel
Kieti for Defendant
Nyaga for plaintiff/Absent
P. M. NJOROGE
JUDGE