Joel Gitonga Kimathi v Teachers Service Commission & Attorney General [2015] KEHC 2812 (KLR) | Default Judgment | Esheria

Joel Gitonga Kimathi v Teachers Service Commission & Attorney General [2015] KEHC 2812 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

ELC CASE NO. 107 OF 2014

JOEL GITONGA KIMATHI......................................................................PLAINTIFF

VERSUS

THE TEACHERS SERVICE COMMISSION..........................1ST DEFENDANT

THE HON. ATTORNEY GENERAL.........................................2ND DEFENDANT

R U L I N G

This application is dated 7th November, 2014.  It seeks orders.

1. That leave be granted to the Applicant to apply for judgment against the 2nd defendant who has defaulted to enter appearance.

2. That costs of the application be costs in the cause.

It has the following grounds:

1. The 2nd defendant was served with Summons to enter appearance on the 23. 7.2014.

2. That the 2nd defendant has not entered any appearance or filed any defence to date.

As the 2nd defendant has already filed a defence, the application can not be allowed.  It is dismissed.

Costs shall be in the cause.

I issue the following orders:

1. All parties to fully comply with order 11, CPR, within 60 days.

2. Upon completion of compliances, parties to obtain a mutually convenient date for directions from the registry.

Delivered in Open court at Meru this 18th day of May, 2015 in the presence of:

Cc Lilian

Kieti for 2nd defendant

P. M. NJOROGE

JUDGE