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CFC Stanbic Limited v. John Maina Githaiga & Paul Kibunyi Mutiro T/A Orient Transjopa Safaris

(2013) JELR 97276 (CA)

Court of Appeal  •  Civil Appeal 204 & 205 of 2012  •  19 Jul 2013  •  Kenya

Coram
Wanjiru Karanja, Jamila Mohammed, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

By a consent dated 6th March, 2013, the parties agreed to consolidate Civil Appeal Nos. 204 and 205 of 2012, pursuant to Rule 103 of the Court of Appeal Rules. Accordingly, the two appeals were heard together and one judgment is hereby rendered in respect of the two appeals.

The appeal before us is against:

(i) the ruling and order of the High Court at Nairobi [Mutava, J] dated 1st March, 2012, wherein the learned judge declined to set aside the ex parte judgment entered against the appellant on 8th November, 2011. The ex parte judgment was entered as a result of the appellant failing to enter appearance and file a defence; and

(ii) the ruling and order of the High Court at Nairobi, [Mutava, J] dated 24th April, 2012, wherein the learned Judge dismissed the appellant’s application dated 16th March, 2012, which sought to review and set aside the court’s order of 1st March, 2012, and substitute the same with an order setting aside the ex parte judgment.

The background t…

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