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Kenya Ports Authority v. Kustrom (K) LTD.

(1995) JELR 99983 (CA)

Court of Appeal  •  Civil Application 162 of 1995  •  31 Jul 1995  •  Kenya

Akilano Molade Akiwumi, Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi



The applicant (the defendant in the suit) did not file its written statement of defence within the stipulated time as a consequence whereof an ex-parte default judgment was entered against it on April 5, 1995. Its application to set aside the said judgment and to stay execution was dismissed by Osiemo, J on June 13, 1995. Immediately after the dismissal of its formal application the applicant made an oral application for stay of execution pending the making of a formal application. The learned judge granted a stay on condition that the applicant provided security by depositing in Court the whole of the decretal amount of about Shs 10,000,000/- within 14 days during which period the formal application would have been made. The applicant did not make the deposit and in his ruling made on June 29, 1995 the learned judge said:

“The applicant having failed to comply with this court’s order dated 13th June, 1995, he has no right to be heard. Stay of execution granted on 13…

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