ASL Credit Limited v Abdi Basid Sheikh Ali & Hafsa K.S. Ali [2021] KEHC 8217 (KLR) | Setting Aside Default Judgment | Esheria

ASL Credit Limited v Abdi Basid Sheikh Ali & Hafsa K.S. Ali [2021] KEHC 8217 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

COMMERCIAL AND TAX DIVISION

HCCC NO. E111 OF 2018

ASL CREDIT LIMITED.....................................................................................PLAINTIFF

-VERSUS-

ABDI BASID SHEIKH ALI.....................................................................2ND DEFENDANT

HAFSA K.S. ALI.......................................................................................3RD DEFENDANT

RULING

1. This ruling is in respect to the application dated 4th November 2020 wherein the applicant/defendant seeks to discharge the default judgment entered on 14th October 2020.  When the matter came up for hearing on 2nd December 2020, Mr. Kamau, learned counsel for the 1st and 2nd defendants informed the court that the respondent had not filed any response to the application in which case the same was unopposed. Counsel therefore urged this court to allow the application as presented.

2. I have perused the affidavit of service dated 11th November 2020 and I am satisfied that the Respondent/Plaintiff herein was duly served with court order dated 5th November 2020, and the application dated 4th November 2020.

3. I have also perused the said application and I find that it is merited. Consequently, I allow it in the following terms: -

a. The interlocutory judgment entered in default of defence in this matter and any consequential orders thereto are hereby set aside.

b. The defendants shall file and serve their defence within 14 days from the date of this ruling.

c. The costs of this application shall abide the outcome of the main suit.

DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS AT NAIROBI THIS 11TH DAY OF MARCH 2021IN VIEW OF THE DECLARATION OF MEASURES RESTRICTING COURT OPERATIONS DUE TO COVID -19 PANDEMIC AND IN LIGHT OF THE DIRECTIONS ISSUED BY HIS LORDSHIP, THE CHIEF JUSTICE ON THE 17TH APRIL 2020.

W. A. OKWANY

JUDGE

In the presence of:

Mr. Kamau for the defendant

Court Assistant: Sylvia.