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Multi-Options Limited v. Kenya Co-Operative Creameries Limited

(1998) JELR 98844 (CA)

Court of Appeal  •  Civil Appeal 100 of 1998  •  12 Nov 1998  •  Kenya

Coram
Johnson Evan Gicheru, Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi

Judgement

JUDGMENT OF THE COURT

The summons in the suit in the superior court, was served on the respondent on 13th February, 1998. The service thereof was accepted by the company secretary of the respondent. The respondent entered an appearance to the summons on 26th February, 1998 through its advocates Ms Ogetto and Company, who also filed a statement of defence on 27th February, 1998.

By a letter dated 24th February, 1998 the appellant applied for entry of judgment in default of appearance by the defendant (respondent here). It is not clear if the judgment was entered on the same day but an entry made by the Deputy Registrar, Milimani Commercial Courts, Nairobi shows that judgment was actually entered on 27th February, 1998 although the date shown at the end of the said entry shows the date as the 24th February, 1998.

It stands to reason that the judgment could probably have been entered on 27/2/98 as once a letter is filed, requesting judgment, the letter is acted upon by registry clerk, who m…

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