[2024] KEHC 8564 (KLR)

[2024] KEHC 8564 (KLR)

The court found that the defendant had not established grounds for review of the ruling delivered on 13th October, 2023, as there was no demonstration of discovery of new evidence, error on the face of the record, or other sufficient reason. However, regarding the application to set aside the interlocutory judgment, the court held that despite previous procedural missteps and delay, the defendant's defence and counter-claim raised triable issues—specifically, the extent of mutual indebtedness between the parties arising from their business relationship and the circumstances surrounding the promissory note. The court determined that the interests of justice required the matter to proceed...

Citation
[2024] KEHC 8564 (KLR)
Parties
Plaintiff: Eva Cecilia Bjerborn Murai; Defendant: Eunice Bella Akini Oile
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
11 July 2024
Case Number
Commercial Case E927 of 2021
Procedural Posture
Commercial Case / Ruling on Application to Set Aside Interlocutory Judgment and for Leave to Defend
Outcome
Application allowed in part; interlocutory judgment set aside subject to conditions.
Judges
MN Mwangi
Legal Topics
Setting Aside Judgment, Leave to Defend, Triable Issues, Promissory Note Dispute, Counterclaim, Delay and Excusable Mistake
Source Language
English
Civil Procedure Commercial and Corporate Setting Aside Judgment Leave to Defend Triable Issues Promissory Note Dispute Counterclaim Delay and Excusable Mistake

Case Brief

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Parties

Eva Cecilia Bjerborn Murai

Plaintiff

Eunice Bella Akini Oile

Defendant

Procedural Posture

Commercial Case / Ruling on Application to Set Aside Interlocutory Judgment and for Leave to Defend

Legal Issues

  1. 1 Whether the court should review, vary, and/or set aside its ruling delivered on 13th October, 2023.
  2. 2 Whether the interlocutory judgment entered on 23rd February, 2022 should be set aside to allow the defendant to defend the suit.

Ratio Decidendi

The court found that the defendant had not established grounds for review of the ruling delivered on 13th October, 2023, as there was no demonstration of discovery of new evidence, error on the face of the record, or other sufficient reason. However, regarding the application to set aside the interlocutory judgment, the court held that despite previous procedural missteps and delay, the defendant's defence and counter-claim raised triable issues—specifically, the extent of mutual indebtedness between the parties arising from their business relationship and the circumstances surrounding the promissory note. The court determined that the interests of justice required the matter to proceed...

Court Disposition

Application allowed in part; interlocutory judgment set aside subject to conditions.

Orders

  • The default judgment entered against the defendant on 23rd February, 2022 and all consequential orders and decree are set aside.
  • The defendant's defence and counter-claim, list of documents, list of witnesses, and witness statement dated 28th March, 2022 are deemed properly on record subject to payment of requisite fees within seven days.