[2004] KEHC 2103 (KLR)
The court found that the defendant's counsel was not diligent in pursuing the necessary applications or filing an amended defence after the plaint was amended twice. Despite this, the court reluctantly granted the adjournment, emphasizing that the defendant should have acted promptly following the consent order to...
Source-derived case information.
- Citation
- [2004] KEHC 2103 (KLR)
- Parties
- Plaintiff: Stephen Ngare Nyamboki; Defendant: United Insurance Co. Ltd.
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 45 of ??
- Procedural Posture
- Civil Case / Ruling on Application for Adjournment
- Outcome
- Application for adjournment granted with conditions.
- Legal Topics
- Adjournment of Hearing, Amendment of Pleadings, Setting Aside Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Ngare Nyamboki
Plaintiff
United Insurance Co. Ltd.
Defendant
Procedural Posture
Civil Case / Ruling on Application for Adjournment
Legal Issues
- 1 Whether the defendant is entitled to an adjournment of the hearing.
- 2 Whether the defendant was diligent in filing the amended defence after the plaint was amended.
- 3 Whether the defendant should pay costs for the adjournment.
Ratio Decidendi
The court found that the defendant's counsel was not diligent in pursuing the necessary applications or filing an amended defence after the plaint was amended twice. Despite this, the court reluctantly granted the adjournment, emphasizing that the defendant should have acted promptly following the consent order to set aside judgment entered on 4th December 2003. The court ordered that the hearing be stood over generally and directed the defendant to bring any application within seven days, subject to payment of adjournment fees and costs to the plaintiff.
Court Disposition
Application for adjournment granted with conditions.
Orders
- Hearing stood over generally.
- Defendant to bring any application within 7 days from the date of the ruling.
Full Case Text
Judgment text and source record
5 paragraphs
IN THE HIGH COURT OF KENYA AT KISII CIVIL CASE NO.45 OF 2000 STEPHEN NGARE NYAMBOKI ………………………. PLAINTIFF/RESPONDENT VERSUS UNITED INSURANCE CO. LTD. ……………………… DEFENDANT/APPLICANT RULING:
I have considered the application for adjournment and reply thereto. The counsel for the defendant does not seem diligent enough. Consent order to set aside judgment was entered way back on 4th December 2003. He should have brought any application by now. However going through the file I do note that plaint was indeed amended twice.
The defendant should have filed his amended defence even without the application immediately after plaint was filed. It seems there was laxity or confusion on his part.Court will therefore reluctantly grant the application sought.
Order: Hearing stood over generally. Defendant do bring his application if any within 7 days from today’s date. Defendant to pay court adjournment fees and today’s costs of shs.5000/= to the plaintiff together with the costs awarded on 4/12/03 before filling the application.
KABURU BAUNI JUDGE 10/3/04