[2015] KEHC 2812 (KLR)
The court found that since the 2nd defendant had already filed a defence, the application for leave to apply for judgment in default of appearance could not be allowed. The existence of a defence on record precludes the entry of default judgment, as the matter must proceed to be determined on its merits. The court...
Source-derived case information.
- Citation
- [2015] KEHC 2812 (KLR)
- Parties
- Plaintiff: Joel Gitonga Kimathi; Defendant: Teachers Service Commission; Defendant: Hon. Attorney General
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 107 of 2014
- Procedural Posture
- Elc Case / Ruling on Application for Leave to Enter Judgment Against 2nd Defendant
- Outcome
- application dismissed
- Legal Topics
- Default Judgment, Appearance of Parties, Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joel Gitonga Kimathi
Plaintiff
Teachers Service Commission
Defendant
Hon. Attorney General
Defendant
Procedural Posture
Elc Case / Ruling on Application for Leave to Enter Judgment Against 2nd Defendant
Legal Issues
- 1 Whether the applicant is entitled to leave to apply for judgment against the 2nd defendant for default of appearance.
- 2 Whether the application should be dismissed given the 2nd defendant has filed a defence.
Ratio Decidendi
The court found that since the 2nd defendant had already filed a defence, the application for leave to apply for judgment in default of appearance could not be allowed. The existence of a defence on record precludes the entry of default judgment, as the matter must proceed to be determined on its merits. The court therefore dismissed the application and directed all parties to comply with pre-trial procedures under Order 11 of the Civil Procedure Rules within 60 days, after which they should obtain a date for directions from the registry.
Court Disposition
application dismissed
Orders
- All parties to fully comply with Order 11, Civil Procedure Rules, within 60 days.
- Upon completion of compliance, parties to obtain a mutually convenient date for directions from the registry.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ELC CASE NO. 107 OF 2014
JOEL GITONGA KIMATHI......................................................................PLAINTIFF
VERSUS
THE TEACHERS SERVICE COMMISSION..........................1ST DEFENDANT
THE HON. ATTORNEY GENERAL.........................................2ND DEFENDANT
R U L I N G
This application is dated 7th November, 2014. It seeks orders.
1. That leave be granted to the Applicant to apply for judgment against the 2nd defendant who has defaulted to enter appearance.
2. That costs of the application be costs in the cause.
It has the following grounds:
1. The 2nd defendant was served with Summons to enter appearance on the 23. 7.2014.
2. That the 2nd defendant has not entered any appearance or filed any defence to date.
As the 2nd defendant has already filed a defence, the application can not be allowed. It is dismissed.
Costs shall be in the cause.
I issue the following orders:
1. All parties to fully comply with order 11, CPR, within 60 days.
2. Upon completion of compliances, parties to obtain a mutually convenient date for directions from the registry.
Delivered in Open court at Meru this 18th day of May, 2015 in the presence of:
Cc Lilian
Kieti for 2nd defendant
P. M. NJOROGE
JUDGE