[2002] KEHC 630 (KLR)
The court found that the defence filed by the defendant was a complete sham and did not raise any triable issues. As a result, there was no justification for setting aside the default judgment entered against the defendant. The application to set aside the judgment and consequential orders was therefore dismissed...
Source-derived case information.
- Citation
- [2002] KEHC 630 (KLR)
- Parties
- Plaintiff: Lutheran World Federation; Defendant: Nu-Tech Systems Ltd.
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 749 of 2001
- Procedural Posture
- Civil Case / Ruling on Application to Set Aside Default Judgment
- Outcome
- application dismissed with costs
- Legal Topics
- Default Judgment, Setting Aside Judgment, Defence Striking Out
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lutheran World Federation
Plaintiff
Nu-Tech Systems Ltd.
Defendant
Procedural Posture
Civil Case / Ruling on Application to Set Aside Default Judgment
Legal Issues
- 1 Whether the default judgment entered against the defendant should be set aside.
- 2 Whether the defence filed by the defendant raises any triable issues.
Ratio Decidendi
The court found that the defence filed by the defendant was a complete sham and did not raise any triable issues. As a result, there was no justification for setting aside the default judgment entered against the defendant. The application to set aside the judgment and consequential orders was therefore dismissed with costs to the plaintiff.
Court Disposition
application dismissed with costs
Orders
- The application to set aside the default judgment is dismissed with costs.
Full Case Text
Judgment text and source record
7 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI COMMERCIAL COURTS
CIVIL CASE NO.749 OF 2001
LUTHERAN WORLD FEDERATION ………………… PLAINTIFF VERSUS NU-TECH SYSTEMS LTD. ……………………………. DEFENDANT R U L I N G
The defendant Nu-Tech Systems Limited has brought this application to set aside a judgment entered herein against it on 26. 6.2001 in default of appearance and defence. Also sought to be set aside are the consequential orders made thereafter.
Having read both the plaint and the defence filed herein and also the application filed by the defendant as well as, all the papers filed in support and opposition thereto including the Replying Affidavit, I am fully satisfied that the defence filed by the defendant herein is a complete sham and consequently there would be no point whatsoever in setting aside the default judgment. The application is accordingly dismissed with costs.
Dated at Nairobi this 24th t day of May, 2002.
T. MBALUTO J UDGE