[2006] KEHC 1401 (KLR)
The court exercised its discretion to allow the application for enlargement of time to file the defence and counterclaim, noting that the application was unopposed by the plaintiff. The absence of opposition and the grounds presented by the defendants justified granting the orders sought. The court found no reason...
Source-derived case information.
- Citation
- [2006] KEHC 1401 (KLR)
- Parties
- Plaintiff: Lucie Nduku Mwangangi; Defendant: Kahawa Sukari Ltd & Another
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 2479 of 1996
- Procedural Posture
- Civil Case / Ruling on Notice of Motion for Extension of Time to File Defence and Counterclaim
- Outcome
- Application allowed; time enlarged for filing defence and counterclaim.
- Judges
- JL Osiemo
- Legal Topics
- Extension of Time, Filing of Defence, Counterclaim Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucie Nduku Mwangangi
Plaintiff
Kahawa Sukari Ltd & Another
Defendant
Procedural Posture
Civil Case / Ruling on Notice of Motion for Extension of Time to File Defence and Counterclaim
Legal Issues
- 1 Whether the defendants should be granted an extension of time to file their defence and counterclaim.
Ratio Decidendi
The court exercised its discretion to allow the application for enlargement of time to file the defence and counterclaim, noting that the application was unopposed by the plaintiff. The absence of opposition and the grounds presented by the defendants justified granting the orders sought. The court found no reason to deny the application and allowed it in terms of the prayers sought in the Notice of Motion dated 18th April 2006.
Court Disposition
Application allowed; time enlarged for filing defence and counterclaim.
Orders
- Time is enlarged within which the defendants may file their defence and counterclaim.
- The annexed defence and counterclaim are deemed duly filed.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 2479 of 1996
LUCIE NDUKU MWANGANGI..…………………......................................................…………..PLAINTIFF
VERSUS
KAHAWA SUKARI LTD & ANOTHER…………..................................................……….DEFENDANTS
RULING
The defendant by way of this Notice of Motion expressed to be brought under Order XLIX Rule 5, Order L Rule 1 and 2 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act seeks orders that time be enlarged within which to file the defence and counter claim of the applicant and that the annexed defence and counter claim herein be deemed duly filed.
The application is based on the grounds as stated on the body of the Notice of Motion and supported by an affidavit sworn by William Ochanda Onguru on 18th April 2006. The Respondents were served but they did not file any papers to oppose the application.
The application not being opposed is allowed in terms of Prayers 1 and 2 of the notice of Motion dated 18th April 2006.
Dated and delivered at Nairobi this 28th day of July, 2006.
J.L.A. OSIEMO
JUDGE