[2011] KEHC 923 (KLR)

[2011] KEHC 923 (KLR)

The court held that the ex parte judgment was regular, as the Defendant and its advocates were properly served with a hearing notice and failed to attend court. The absence of the Defendant's advocate, who lacked a practising certificate, was solely the advocate's fault and not attributable to the Defendant or the Plaintiff. The court found that the mistakes of an advocate are not automatically excusable and must be considered in context. In this case, the Defendant's advocate's negligence did not justify setting aside the judgment, especially since the court had considered the merits of the defence and found the Defendant indebted to the Plaintiff. The appropriate remedy for the...

Citation
[2011] KEHC 923 (KLR)
Parties
Plaintiff: Panatech Limited; Defendant: Dubai Electronics Limited
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
29 September 2011
Case Number
Civil Case 1749 of 2001
Procedural Posture
Chamber Summons Application / Ruling on Application to Set Aside Ex Parte Judgment and Stay Execution
Outcome
application dismissed with costs
Judges
CM Njagi
Legal Topics
Ex Parte Judgment, Setting Aside Judgment, Advocate Negligence, Service of Process
Source Language
English
Civil Procedure Commercial and Corporate Ex Parte Judgment Setting Aside Judgment Advocate Negligence Service of Process

Case Brief

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Parties

Panatech Limited

Plaintiff

Dubai Electronics Limited

Defendant

Procedural Posture

Chamber Summons Application / Ruling on Application to Set Aside Ex Parte Judgment and Stay Execution

Legal Issues

  1. 1 Whether the ex parte judgment entered against the Defendant should be set aside due to the Defendant's advocate lacking a practising certificate and failing to attend court.
  2. 2 Whether the mistakes or omissions of an advocate should be visited upon the client in the circumstances of this case.
  3. 3 Whether the Defendant has demonstrated sufficient grounds to warrant the setting aside of the ex parte judgment.

Ratio Decidendi

The court held that the ex parte judgment was regular, as the Defendant and its advocates were properly served with a hearing notice and failed to attend court. The absence of the Defendant's advocate, who lacked a practising certificate, was solely the advocate's fault and not attributable to the Defendant or the Plaintiff. The court found that the mistakes of an advocate are not automatically excusable and must be considered in context. In this case, the Defendant's advocate's negligence did not justify setting aside the judgment, especially since the court had considered the merits of the defence and found the Defendant indebted to the Plaintiff. The appropriate remedy for the...

Court Disposition

application dismissed with costs

Orders

  • The application to set aside the ex parte judgment is dismissed with costs to the Plaintiff.