[2000] KEHC 472 (KLR)
The court found that the applicant had satisfied the requirements for setting aside the consent order, based on the application, affidavit, and submissions. The absence of the respondents, despite proper service, allowed the court to proceed and grant the orders sought. The judge was convinced that the applicant was...
Source-derived case information.
- Citation
- [2000] KEHC 472 (KLR)
- Parties
- Plaintiff: Paclaire Limited; Defendant: Kenya Industrial Estates
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 2100 of 1995
- Procedural Posture
- Civil Case / Ruling on Application to Set Aside Consent Order
- Outcome
- Application allowed as prayed. Costs to the applicant.
- Legal Topics
- Setting Aside Consent Orders, Execution of Judgments, Attachment of Goods
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paclaire Limited
Plaintiff
Kenya Industrial Estates
Defendant
Procedural Posture
Civil Case / Ruling on Application to Set Aside Consent Order
Legal Issues
- 1 Whether the consent order made on September 19, 1995 should be set aside.
- 2 Whether the applicant is entitled to the return of attached goods and recalculation of loan interest.
Ratio Decidendi
The court found that the applicant had satisfied the requirements for setting aside the consent order, based on the application, affidavit, and submissions. The absence of the respondents, despite proper service, allowed the court to proceed and grant the orders sought. The judge was convinced that the applicant was entitled to relief, including setting aside the consent order regarding the return of attached goods and the recalculation of interest on the loan.
Court Disposition
Application allowed as prayed. Costs to the applicant.
Orders
- The consent order made on September 19, 1995 is set aside.
- Costs of the application awarded to the applicant.
Full Case Text
Judgment text and source record
6 paragraphs
REPUBLIC OF KENYA
Paclaire Limited v Kenya Industrial Estates & Another High Court Of Kenya At Nairobi August 7, 2000 Milimani Commercial Courts T Mbaluto, Judge Civil Case No. 2100 Of 1995
August 7, 2000 T Mbaluto, Judge delivered the following ruling.
This application has been sought by 1st defendant for an order to set aside a consent order made by Ole Keiwua, J (as he then was) on September 19, 1995 whereby certain sewing machines and other goods which had been attached by the 1st defendant were to be returned to the plaintiff. The consent order also directed the 1st defendant and the plaintiff to work out the interest due on a loan of Kshs 208,700.
The hearing notice for this application was duly served upon the respondents’ advocates who did not however attend court on the hearing date.
On the basis of what is contained in the application as well as the affidavit in support of the application and also upon considering submissions by learned counsel for the applicant; I am satisfied that the applicant is entitled to the orders it seeks. Accordingly the application is allowed as prayed. Costs of this application to the applicant.