Case Metadata |
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| Case Number: | Civil Case 38 of 2004 |
|---|---|
| Parties: | KIURA KITHIURU v CHARLES MURIUKI MUCHIRA |
| Date Delivered: | 15 Jun 2006 |
| Case Class: | Civil |
| Court: | High Court at Nyeri |
| Case Action: | |
| Judge(s): | John Micheal Khamoni |
| Citation: | KIURA KITHIURU v CHARLES MURIUKI MUCHIRA [2006] eKLR |
| Case Summary: | [Ruling] – CIVIL PRACTICE AND PROCEDURE - setting aside – application for – where the defendant did not explain why he did not file a defence – factors the court considers in such applications – validity of order |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
Civil Case 38 of 2004
KIURA KITHIURU…………...............................…………..1ST PLAINTIFF/RESPONDENT
Versus
CHARLES MURIUKI MUCHIRA…….......................................DEFENDANT/APPLICANT
RULING
In the Chamber Summons dated 21st December, 2004, the Applicant’s failure to file a defence has not been satisfactorily explained. Moreover although the Chamber Summons is dated 21st December, 2004, it was not filed until 5th May, 2005. Furthermore I am told the Applicant has filed a suit in the High Court at Nairobi concerning the same subject Matter as in this suit. In the circumstances this Chamber Summons fails and the same hereby dismissed with costs to the Respondent.
Dated this 15th day of June, 2006.
J. M. KHAMONI
JUDGE
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