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Memorandum of Appeal Kenya

This document is a memorandum of appeal filed in the High Court of Kenya at Kiambu. It summarizes that the appellant Kailemia Lydia Wanja is appealing a ruling issued on June 10, 2021 in the Senior Principal Magistrate's Court at Ruiru. The appellant argues that the lower court erred by failing to find that summons was not served, the motion did not meet legal standards, and by failing to set aside the ex-parte judgment and allow the appellant to defend the suit. The appellant requests that the high court review and vacate the lower court's ruling and decree, set aside the interlocutory judgment, and allow the appellant to defend the suit while awarding costs.

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11K views2 pages

Memorandum of Appeal Kenya

This document is a memorandum of appeal filed in the High Court of Kenya at Kiambu. It summarizes that the appellant Kailemia Lydia Wanja is appealing a ruling issued on June 10, 2021 in the Senior Principal Magistrate's Court at Ruiru. The appellant argues that the lower court erred by failing to find that summons was not served, the motion did not meet legal standards, and by failing to set aside the ex-parte judgment and allow the appellant to defend the suit. The appellant requests that the high court review and vacate the lower court's ruling and decree, set aside the interlocutory judgment, and allow the appellant to defend the suit while awarding costs.

Uploaded by

sam gold
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KIAMBU


CIVIL APPEAL NO. OF 2021

KAILEMIA LYDIA WANJA ………….…………………………….…….


………….APPELLANT
-VERSUS-
MICHAEL NGANGA MUCHAMI ….…………………………….……...
……...RESPONDENT

(Being an Appeal from the Ruling issued by the Honourable Magistrate C. K. Kisiangani on
10th June 2021)
IN
REPUBLC OF KENYA
IN THE SENIOR PRINCIPAL MAGISTRATES COURT AT RUIRU
CIVIL SUIT NO. 110 OF 2019
MICHAEL NGANGA MUCHAMI ……………………….……………..….……….
PLAINTIFF
-VERSUS-
KAILEMIA LYDIA WANJA ……………………………….…….
………………..DEFENDANT
______________________________________________________________________________
MEMORANDUM OF APPEAL
KAILEMIA LYDIA WANJA, the above Appellant herein, being dissatisfied with the whole of
the RULING of the Honourable Magistrates Court hereinbefore mentioned, hereby appeals
against the whole Ruling therein to the High Court of Kenya at Kiambu on the following
grounds:

1. THAT the Learned Magistrate erred in law and in fact in failing to find that the summons
to enter appearance was never served on the appellant.

2. THAT the learned magistrate erred in law and in fact for failing to find that the
Defendant’s unopposed Notice of Motion dated 4th March 2021 did meet the threshold set
out under Order 10 Rule 11 of the Civil Procedure Rules, 2010.
3. THAT the learned magistrate erred in law and in fact for failing to set aside the ex-parte
Judgment and failing to allow the Defendant to defend the suit on its merits.
4. THAT the learned magistrate erred in law and fact for failing to consider the proposed
mutual consent by the plaintiff and defendant to set aside the ex parte judgment.
REASONS WHEREOF the Appellant prays: -

i. THAT this Honourable Court review the Ruling issued in RUIRU SPMCC NO. 110 of
2019 on 10th June 2021 and consequential decree and all orders thereto.
ii. THAT this Appeal against the Ruling issued on 10th June 2021 in RUIRU SPMCC NO.
110 of 2019 be allowed.
iii. THAT the said Ruling issued in RUIRU SPMCC NO. 110 of 2019 and consequential
decree and all orders thereto be vacated pending the hearing and determination of this
appeal.
iv. THAT without prejudice to the foregoing, the interlocutory judgment in RUIRU
SPMCC NO. 110 of 2019 be set aside and the appellant be given leave to defend the suit
out of time.
v. THAT the costs of this Appeal be awarded to the Appellant.

DATED at NAIROBI this 17TH day of NOVEMBER 2021


NYASANI E.N & CO.
ADVOCATES FOR THE APPELLANT

DRAWN & FILED BY:


NYASANI E.N & CO. ADVOCATES,
DOCTOR’S PARK, 3RD AVENUE PARKLANDS,
SUITE A3-1, 5TH FLOOR,
P.O BOX 67574-00200
NAIROBI
Email: [email protected]

TO BE SERVED UPON:
OKONGO WANDAGO & CO.
ADVOCATES,
K.P. OFFICES, 2ND FLOOR,
JAKAYA KIKWETE ROAD,
P.O.BOX 14201-00100
NAIROBI

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