[2013] KEHC 6909 (KLR)
The court found that the defendant was properly served with the claim form on 21st June 2013, as evidenced by the affidavit of service. The defendant failed to file an acknowledgement of service within the prescribed period. Consequently, the claimant was entitled to judgment in default as prayed in the application...
Source-derived case information.
- Citation
- [2013] KEHC 6909 (KLR)
- Parties
- Claimant: Sturrock Shipping (Kenya) Limited; Defendant: The Owners of the Motor Vessel "Indian Ocean Explorer 2"
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Admiralty Claim 8 of 2013
- Procedural Posture
- Admiralty Claim / Judgment on Application for Default Judgment
- Outcome
- Judgment entered for the claimant as prayed in the application notice dated 13th September 2013.
- Judges
- MM Kasango
- Legal Topics
- Default Judgment, Service of Process, Admiralty Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sturrock Shipping (Kenya) Limited
Claimant
The Owners of the Motor Vessel "Indian Ocean Explorer 2"
Defendant
Procedural Posture
Admiralty Claim / Judgment on Application for Default Judgment
Legal Issues
- 1 Whether the defendant was properly served with the claim form and failed to acknowledge service within the prescribed period.
- 2 Whether the claimant is entitled to judgment in default of acknowledgement of service for the claimed sum plus interest.
Ratio Decidendi
The court found that the defendant was properly served with the claim form on 21st June 2013, as evidenced by the affidavit of service. The defendant failed to file an acknowledgement of service within the prescribed period. Consequently, the claimant was entitled to judgment in default as prayed in the application notice dated 13th September 2013, for the sum claimed plus interest at the specified rate from the effective date until payment in full.
Court Disposition
Judgment entered for the claimant as prayed in the application notice dated 13th September 2013.
Orders
- Judgment is entered against the defendant for US$ 40,356.94 plus interest at 12% per annum from 17th June 2013 until payment in full.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA DISTRICT REGISTRY
CLAIM NO. 8 OF 2013
ISSUE DATE: 17/6/13
CLAIMANT: STURROCK SHIPPING (KENYA) LIMITED
DEFENDANT (S): THE OWNERS OF THE MOTOR VESSEL
“INDIAN OCEAN EXPLORER 2”
JUDGMENT
The Claimant has moved this Court by an application notice dated 13th September 2013. The Claimant seeks by that application for judgment to be entered against the Defendant in default of acknowledgement of service for the sum of US$ 40,356. 94 plus interest at 12% with effect from 17th June 2013 until payment in full.
The Claimant did annex to the affidavit in support the affidavit of service of Pamela A. Ombok sworn on 24th June 2013. It is clear from that affidavit of service that the Defendant was served with the claim form on 21st day of June 2013. Todate the Defendant has not filed in this matter an acknowledgement of service within the prescribed period.
Accordingly there is merit in the Application Notice dated 13th September 2013 and judgment is hereby entered as prayed for in the Application Notice.
Dated and delivered at Mombasa this 19th day of December, 2013.
MARY KASANGO
JUDGE