[2021] KEHC 6098 (KLR)
The court found that the respondent was duly served with the pleadings and the application, yet failed to enter appearance or file a defence. Satisfied with the evidence of service and the applicant's compliance with procedural requirements, the court allowed the application for interlocutory judgment in favour of...
Source-derived case information.
- Citation
- [2021] KEHC 6098 (KLR)
- Parties
- Applicant: Jamarat Apartments Limited; Respondent: Mandera County Government
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Civil Case E003 of 2020
- Procedural Posture
- Civil Case / Application for Interlocutory Judgment Due to Non Appearance
- Outcome
- Application for interlocutory judgment allowed due to respondent's default.
- Judges
- A Ali-Aroni
- Legal Topics
- Breach of Contract, Supply of Goods, Default Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jamarat Apartments Limited
Applicant
Mandera County Government
Respondent
Procedural Posture
Civil Case / Application for Interlocutory Judgment Due to Non Appearance
Legal Issues
- 1 Whether the respondent was duly served with pleadings and failed to enter appearance or file a defence.
- 2 Whether the applicant is entitled to interlocutory judgment for breach of contract due to the respondent's default.
Ratio Decidendi
The court found that the respondent was duly served with the pleadings and the application, yet failed to enter appearance or file a defence. Satisfied with the evidence of service and the applicant's compliance with procedural requirements, the court allowed the application for interlocutory judgment in favour of the applicant for breach of contract.
Court Disposition
Application for interlocutory judgment allowed due to respondent's default.
Orders
- The application dated 18th December, 2020 is allowed.
- Leave is granted to the applicant to enter judgment against the respondent for failure to enter appearance and file a defence.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
CIVIL CASE NO. E003 OF 2020
JAMARAT APARTMENTS LIMITED......................APPLICANT
VERSUS
MANDERA COUNTY GOVERNMENT..................RESPONDENT
RULING
1. The Applicant filed suit against the Respondent on the 22nd of November, 2020 for breach of contract between the two based on an agreement entered into between the parties for the supply of relief food for the financial year 2017/2018.
2. It is the applicant’s claim that against the Express terms of the agreement, the respondent refused, and/or neglected to requisition, inspect and take delivery of goods procured by the applicant in fulfilment of the agreement.
3. The application before court now seeks for leave to enter judgement against the respondent for failure to enter appearance and/or file a defence despite service of the pleadings herein.
4. The application is predicated on grounds that the pleadings were served upon the respondent through Abdinur Maalim Hussein of the County Secretary’s Office yet to date no appearance or a defense have been filed.
5. On the 26th of January, 2021 the court directed the current application be served upon the respondent and the court is satisfied that said application was duly served.
6. Since the Respondent has neglected and/or failed to enter appearance and file a defense and the court being satisfied that the applicant’s pleadings including this application and the notice of hearing were duly served the application dated 18th December, 2020 be and is hereby allowed.
DELIVERED AND SIGNED AT GARISSA THIS 10TH DAY OF JUNE, 2021.
……………….………………
ALI-ARONI
JUDGE