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Stephen Wanyee Roki v. K-Rep Bank Limited,City Council of Nairobi & Dennis Waweru

(2018) JELR 94085 (CA)

Court of Appeal  •  Civil Appeal 268 of 2017  •  4 May 2018  •  Kenya

Philip Nyamu Waki, Daniel Kiio Musinga, Milton Stephen Asike Makhandia



1. This appeal emanates from the ruling of the High Court (F.A. Ochieng, J.) dated 30th May, 2017. Pursuant to that ruling, the learned judge set aside the default judgment that had been entered in favour of the appellant against the 2nd respondent and extended time within which the 2nd respondent could put forward its defence and counter-claim. According to the appellant, the learned judge failed to exercise his discretion judiciously in granting the said orders.

2. The brief facts culminating in this appeal are that by a suit filed in the High Court at Nairobi Commercial and Admiralty Division, Civil Suit No. 1 of 2011, the appellant sued the 2nd respondent for recovery of an alleged debt amounting to Kshs. 78,709,174.95/= together with costs and interest thereon. Subsequently, a default judgment was entered against the 2nd respondent for non-appearance and a preliminary decree issued to that effect.

3. It is apparent that even after the said decree was served upo…

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