[2000] KEHC 444 (KLR)

[2000] KEHC 444 (KLR)

The court exercised its discretion to set aside the ex parte judgment on the basis that the interests of justice required the defendant to be given an opportunity to file its defence and be heard on merit. The court found that the reasons advanced by the defendant for the delay were sufficient and that no...

Source-derived case information.

Citation
[2000] KEHC 444 (KLR)
Parties
Plaintiff: Insteel Limited; Defendant: Industrial Plant (E.A.) Ltd
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
? 1740 of 1999
Procedural Posture
Civil Case / Application to Set Aside Ex Parte Judgment
Outcome
application allowed; ex parte judgment set aside
Legal Topics
Ex Parte Judgment, Setting Aside Judgment, Late Filing of Defence
Source Language
en
Civil Procedure Ex Parte Judgment Setting Aside Judgment Late Filing of Defence

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Summary, issues, holding and outcome

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Parties

Insteel Limited

Plaintiff

Industrial Plant (E.A.) Ltd

Defendant

Procedural Posture

Civil Case / Application to Set Aside Ex Parte Judgment

Legal Issues

  1. 1 Whether the ex parte judgment entered against the defendant should be set aside.
  2. 2 Whether the defendant has provided sufficient reason for failing to file a defence in time.

Ratio Decidendi

The court exercised its discretion to set aside the ex parte judgment on the basis that the interests of justice required the defendant to be given an opportunity to file its defence and be heard on merit. The court found that the reasons advanced by the defendant for the delay were sufficient and that no irreparable prejudice would be caused to the plaintiff if the judgment was set aside, provided the defendant paid the costs of the application and filed its defence within the stipulated period.

Court Disposition

application allowed; ex parte judgment set aside

Orders

  • The ex parte judgment entered on 24-1-2000 is set aside.
  • The defendant shall file the defence within 14 days of the date of this ruling.