[2023] KECPT 395 (KLR)

[2023] KECPT 395 (KLR)

The Tribunal found that the claimant had properly served the respondent, as evidenced by the affidavit of service, and that the respondent failed to enter appearance or file a defence. In the absence of any defence or appearance by the respondent, and upon consideration of the claimant's request and supporting...

Source-derived case information.

Citation
[2023] KECPT 395 (KLR)
Parties
Applicant: Judith Bweya Makokkha; Respondent: Plywood Co-op Savings and Credit Society Limited
Court
Cooperative Tribunal
Jurisdiction
Kenya
Case Number
Tribunal Case 556 of 2017
Procedural Posture
Civil Claim / Judgment
Outcome
summary judgment entered for claimant
Judges
BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
Legal Topics
Summary Judgment, Affidavit of Service, Costs and Interest
Source Language
en
Civil Procedure Summary Judgment Affidavit of Service Costs and Interest

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Parties

Judith Bweya Makokkha

Applicant

Plywood Co-op Savings and Credit Society Limited

Respondent

Procedural Posture

Civil Claim / Judgment

Legal Issues

  1. 1 Whether the claimant is entitled to summary judgment against the respondent for the claimed sum.
  2. 2 Whether the respondent was properly served and failed to defend the claim.

Ratio Decidendi

The Tribunal found that the claimant had properly served the respondent, as evidenced by the affidavit of service, and that the respondent failed to enter appearance or file a defence. In the absence of any defence or appearance by the respondent, and upon consideration of the claimant's request and supporting affidavit, the Tribunal was satisfied that the claimant was entitled to summary judgment for the sum claimed. The Tribunal therefore entered judgment in favour of the claimant for Kshs 93,800, together with costs and interest from the date of filing the claim.

Court Disposition

summary judgment entered for claimant

Orders

  • Summary judgment is entered in favour of the claimant for Kshs 93,800 plus costs and interest from the date of filing the claim.