Seo & Sons Limited v Kenya Airports Authority [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi, Commercial & Tax Division
Category
Civil
Judge(s)
W. A. Okwany
Judgment Date
October 14, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2

Case Brief: Seo & Sons Limited v Kenya Airports Authority [2020] eKLR


1. Case Information:
- Name of the Case: SEO AND SONS LIMITED v. KENYA AIRPORTS AUTHORITY
- Case Number: HCCC NO. E321 OF 2019
- Court: High Court of Kenya at Nairobi, Commercial and Tax Division
- Date Delivered: October 14, 2020
- Category of Law: Civil
- Judge(s): W. A. Okwany
- Country: Kenya

2. Questions Presented:
The central legal issue before the court is whether the defendant, Kenya Airports Authority, has made a sufficient case to set aside the ex-parte judgment entered against it due to alleged improper service of summons and the merits of its defense.

3. Facts of the Case:
The plaintiff, SEO and Sons Limited, filed a claim against the defendant, Kenya Airports Authority, seeking payment for services rendered. The defendant failed to file a defense in time, resulting in an ex-parte judgment entered on December 6, 2019. The defendant's application to set aside this judgment was based on claims of inadvertent failure to respond, the existence of a viable defense, and procedural irregularities regarding the service of summons. The plaintiff contended that it had duly served the defendant and that the defendant was indebted for the services provided.

4. Procedural History:
Following the entry of the ex-parte judgment, the defendant filed an application on January 9, 2020, seeking to set aside the judgment. The application was supported by an affidavit from the defendant's Corporation Secretary outlining the reasons for the failure to file a defense. The plaintiff opposed the application, asserting that the service of summons was proper and that the defendant had no triable issues. The court considered written submissions from both parties before making its ruling.

5. Analysis:
- Rules: The court evaluated the service of summons according to Order 5 Rule 3 of the Civil Procedure Rules, which outlines the proper methods for serving a corporation. The court found that service must be executed on a designated officer of the corporation or through other specified means if such an officer cannot be found.
- Case Law: The court referenced previous rulings that emphasize the importance of proper service and the right to a fair hearing. The court considered whether the defendant's claims regarding service and potential defenses were sufficient to warrant setting aside the judgment.
- Application: The court found that the affidavit of service did not adequately identify the officer who received the summons on behalf of the defendant, which raised concerns about the propriety of the service. The court determined that the defendant's application to set aside the judgment was timely and that the issues raised in the draft defense warranted consideration at trial.

6. Conclusion:
The court granted the defendant's application to set aside the ex-parte judgment, allowing the defendant to file a defense within 14 days. The ruling emphasized the importance of substantive justice over procedural technicalities, particularly given the significant amount at stake (Kshs 7,690,000) and the potential impact on public funds.

7. Dissent:
There were no dissenting opinions noted in this case, as the ruling was made by a single judge.

8. Summary:
The High Court of Kenya ruled in favor of the defendant, Kenya Airports Authority, allowing it to set aside an ex-parte judgment due to improper service of summons. This decision underscores the court's commitment to ensuring that parties have a fair opportunity to present their cases, particularly in significant financial disputes. The ruling may have broader implications for procedural fairness in civil cases involving corporations.

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