TRANS-NATIONAL BANK LIMITED vs WILLIAM KOSKEI AKUI [1999] KECA 131 (KLR)

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU (CORAM: OMOLO, TUNOI & LAKHA, JJ.A.) CIVIL APPEAL NO. 216 OF 1998

BETWEEN

TRANS-NATIONAL BANK LIMITED ...........................APPELLANT AND WILLIAM KOSKEI AKUI ...................................RESPONDENT

(An appeal from the Ruling and Order of the High Court of Kenya at Eldoret (Hon. Lady Justice R. Nambuye) dated 26th June, 1998 in H.C.C.C. NO. 263 OF 1996) *************** JUDGMENT OF THE COURT

This is an appeal against the Ruling of the Superior Court (Nambuye, J) delivered on 30th June, 1998 whereby she set aside the ex parte judgment and gave leave to the respondent to defend or file defence on condition. This was clearly in exercise of her discretionary powers. We have not been persuaded that the learned judge in the exercise of her discretionary power committed any error in principle or otherwise. If anything, it is conceded that no prejudice would be occasioned by the order of the learned Judge. All in all we are not satisfied that this matter calls for any interference from this Court on the facts of this case.

Accordingly, the appeal is dismissed but with no order as to costs.

Dated and delivered at Nakuru this 22nd day of September, 1999.

R. S. C. OMOLO

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JUDGE OF APPEAL

P. K. TUNOI

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JUDGE OF APPEAL

A. A. LAKHA

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JUDGE OF APPEAL

I certify that this is a true copy of the original.

DEPUTY REGISTRAR