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1 Jan 1951

Civil Procedure [1951] EACA 343

Smith v Nakuru Auto Garage

Smith v Nakuru Auto Garage (Civil Case No. 37 of 1951) [1951] EACA 343 (1 January 1951)

Court: East African Court of Appeal
Case number: Civil Case No. 37 of 1951
Judge: Windham J

The court held that until judgment is entered, a defendant may enter an appearance even after the prescribed time, subject to any order as to costs. The court further held that Order 29, rule 5 of the Civil Procedure Rules requires partners to appear individually in their own names, but does not require each partner to file a separate form. A single memorandum of appearance listing all partners individually is sufficient compliance. As the respondents entered a valid appearance before judgment was entered, the application for judgment in default of appearance was dismissed. No order as to cos…

Source excerpt

Default Of Appearance
Partnership Procedure
Memorandum Of Appearance
Order 29 Rule 5
Entry Of Appearance
Costs Orders

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1 Jan 1935

Civil Procedure [1935] EACA 150

El-Shekeley v Abdulla (C.C. 13/1935 (Mombasa).)

El-Shekeley v Abdulla (C.C. 13/1935 (Mombasa).) [1935] EACA 150 (1 January 1935)

Court: East African Court of Appeal
Case number: C.C. 13/1935 (Mombasa).
Judge: Horne J

The court held that although the plaintiff may set down a suit for hearing ex parte immediately upon the defendant's default in entering appearance, the defendant may enter appearance at any time before judgment is obtained. If the defendant actually appears in court in person or by advocate on the day fixed for ex parte hearing, the plaintiff has no right to proceed ex parte. The local rules (Order 9 r. 17) do not permit ex parte proceedings when both parties are present. The court has discretion to extend time for entering appearance and filing a defence, especially where the defendant's ap…