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Onesmus Ngunjiri Njenga & Rock Investment Company Limited v. Captain Suleiman Amur Hamud

(2019) JELR 94428 (CA)

Court of Appeal  •  Civil Application 189 of 2019  •  20 Dec 2019  •  Kenya

Coram
Roselyn Naliaka Nambuye, Sankale ole Kantai, Kathurima M'inoti

Judgement

RULING OF THE COURT

The 1st applicant, Onesmus Ngunjiri Njenga, and the 2nd applicant, Rock Investment Company Limited, were sued by the respondent, Captain Suleiman Amur Hamud in H.C.C.C. No. 262 of 2015. They were served with summons but they did not enter appearance or file a defence. Judgment was entered against them in default. As per the ruling of Kasango, J. of 30th May, 2019 the judge notes:

“The 1st defendant was served with the plaint and summons on 8th June, 2015. He acknowledged that service by signing on the summons. Those summons required him to file Memorandum of Appearance within 15 days of service. The defendants do not deny that no appearance was filed (sic) within that prescribed period. It follows that judgment entered against the Defendants on 31st March, 2016 in default of appearance was a regular judgment.”

The judge proceeds to note in the ruling that the applicants’ goods were proclaimed and thereafter a notice to show cause was served upon the 1st applicant and …

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