PETER MAINA MARGARET v MAGIC GENERAL CONTRACTORS LTD [2012] KEHC 148 (KLR) | Failure To File Defence | Esheria

PETER MAINA MARGARET v MAGIC GENERAL CONTRACTORS LTD [2012] KEHC 148 (KLR)

Full Case Text

REPUBLIC OF KENYA

High Court at Nairobi (Nairobi Law Courts)

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CAUSE NO. 294 OF 2010

PETER MAINA MARGARET..……………………………… CLAIMANT/APPLICANT

VERSUS

MAGIC GENERAL CONTRACTORS LTD …..…………………….… RESPONDENT

JUDGEMENT

This Cause was listed today for hearing. The Respondent has constantly and persistently disobeyed court orders to file a memorandum of defence and to pay costs as the court orders were made on the relevant diverse dates.

In view of the claim and the documents on record, submissions by the Respondent’s counsel that there is no good reason for failure to comply with court orders and taking into account submission by counsel for the Respondent the Court orders:

(a)That judgment is entered for the Claimant as prayed for in the memorandum filed on 23. 03. 210 and dated 16. 03. 2010.

(b)The Respondent shall pay costs of the cause.

A decree shall issue accordingly.

DATEDand DELIVERED at Nairobi this 30th day of August, 2012.

Byram Ongaya

JUDGE

Ms Peke for Claimant

Mr. Okeyo Holding brief for Mr. Ndegwa for Respondent