[2004] KEHC 127 (KLR)
The court found that the plaintiff's application was unopposed, as the defendant neither filed a replying affidavit nor appeared at the hearing despite being duly served. The court considered the affidavit evidence presented by the plaintiff, particularly paragraphs 8 to 15, and found no reason to doubt the veracity...
Source-derived case information.
- Citation
- [2004] KEHC 127 (KLR)
- Parties
- Plaintiff: Tarcisio Njeru Namu; Defendant: United Insurance Company Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 728 of 2001
- Procedural Posture
- Civil Case / Ruling on Notice of Motion for Judgment
- Outcome
- Application allowed. Judgment entered for the plaintiff as prayed in the Notice of Motion.
- Legal Topics
- Summary Judgment, Insurance Claims, Default Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tarcisio Njeru Namu
Plaintiff
United Insurance Company Limited
Defendant
Procedural Posture
Civil Case / Ruling on Notice of Motion for Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to judgment against the defendant for the claimed sum in the absence of opposition.
- 2 Whether the court should grant the orders sought in the Notice of Motion given the lack of response from the defendant.
Ratio Decidendi
The court found that the plaintiff's application was unopposed, as the defendant neither filed a replying affidavit nor appeared at the hearing despite being duly served. The court considered the affidavit evidence presented by the plaintiff, particularly paragraphs 8 to 15, and found no reason to doubt the veracity of the claim. In the absence of any rebuttal or contestation from the defendant, the court exercised its discretion to grant the orders sought in the Notice of Motion, thereby allowing the plaintiff's claim for the sum specified, together with interest and costs as prayed in the plaint.
Court Disposition
Application allowed. Judgment entered for the plaintiff as prayed in the Notice of Motion.
Orders
- Judgment entered for the plaintiff for KShs 110,995 together with interest and costs as prayed in the plaint.
- Orders in terms of prayers 1 and 3 of the Notice of Motion dated 11th September 2002 are granted.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 728 of 2001
TARCISIO NJERU NAMU ………………................................................................………. PLAINTIFF
-versus-
UNITED INSURANCE COMPANY LIMITED ….........................................................…DEFENDANT
RULING
Before me is a Notice of Motion dated the 11th September 2002 (and filed on the 23rd September 2002) in which the (an Plaintiff/Applicant seeks judgment against the Defendant/Respondent for KShs 110,995/- together with interest and costs as prayed in the Plaint filed on the nth May 2001.
The Motion is based on the two grounds therein and supported by the affidavit of Tarcisio Namu made on the 17th September 2002.
No Grounds of Opposition and/or Replying Affidavit have been filed on behalf of the Defendant/Applicant in opposition to the application. As a hearing notice had been duly served on the 8th September 2004, the Applicant proceeded ex-parte at the hearing of the Motion in the absence of the Respondent.
I have considered the Motion in light of the said affidavit, and in particular the contents of paragraphs 8 - 15 inclusive thereof, and of submissions of learned counsel for the Applicant. On the evidence presently before me and in the absence of any response of the Respondent rebutting the same, I will allow the application and order, as I hereby do, that orders in terms of prayers 1 and 3 of the Notice of Motion dated the 11th September 2004 be and are hereby granted.
Judgment and orders accordingly.
Dated and delivered at Nairobi this 22nd day of October 2004.
P. Kihara Kariuki
Ag. Judge