ASL Credit Limited v D Manji Constructions Limited & 5 others; Prime Bank Limited (Objector) [2022] KEHC 2964 (KLR)

ASL Credit Limited v D Manji Constructions Limited & 5 others; Prime Bank Limited (Objector) (Civil Suit E432 of 2019) [2022] KEHC 2964 (KLR) (Commercial and Tax) (10 June 2022) (Ruling)

Neutral citation: [2022] KEHC 2964 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Commercial and Tax

Civil Suit E432 of 2019

EC Mwita, J

June 10, 2022

Between

ASL Credit Limited

Plaintiff

and

D Manji Constructions Limited

1st Applicant

D Manji Concrete (K)Limited

2nd Applicant

Devshi Manji Murji Patel

3rd Applicant

Harji Devshi Patel

4th Applicant

Nahendra Devshi Patel

5th Applicant

Dipak Harji Patel

6th Applicant

and

Prime Bank Limited

Objector

Ruling

1. This court has considered the two applications both dated 15th September 2021, the responses and submissions.

2. As the circumstances of these applications are replayed in E433 of 2019, between the same parties; and whereas the court has found that there was no service or proper service of summons to enter appearance in E433 of 2019, and given that the affidavit of service filed in this matter is similar, (word for word), to that filed in E433 of 2019, the orders and reasons given in E433 of 2019 shall apply to the applications in this file.

3. For avoidance of doubt, the application to set aside the default judgment is allowed. Default judgment entered herein on 4th June 2020 and all consequential orders are set aside and the applicants granted unconditional leave to enter and defend.

4. The applicants shall enter appearance within 15 days from the date of this order and file defences 15 days thereafter. Costs of the application to set aside the default judgment to the applicants.

5. As the objection has not been considered given the result of the application to set aside the default judgment, the objector, (Prime Bank Limited), shall bear own costs of the objection.

DATED SIGNED AND DELIVERED AT NAIROBI THIS 10THDAY OF JUNE 2022E C MWITAJUDGE