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BABS SECURITY SERVICES LTD
V.
MWARUA YAWA NZAO & 19 ORS

(2019) JELR 105855 (CA)

Court of Appeal 9 May 2019 Kenya
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Case Details

Suit Number:Civil Appeal 137 of 2018
Judges:Alnashir Ramazanali Magan Visram Martha Karambu Koome Wanjiru Karanja
Location:Mombasa
Other Citations:Babs Security Services Ltd v. Mwarua Yawa Nzao & 19 others [2019] eKLR

JUDGMENT OF THE COURT

1. The appeal herein revolves around a single issue, that is, whether the learned Judge (Ndolo, J.) exercised her discretion properly in declining to set aside an exparte judgment entered against the appellant on 2nd March, 2018 in Cause No. 657 of 2016 (the suit). As such, our role as an appellate Court is as succinctly set out in Coffee Board of Kenya v. Thika Coffee Mills Limited and 2 Others [2014] eKLR.

2. Basically, we ought not to interfere with the exercise of the discretion in question unless we are satisfied that the learned Judge misdirected herself in some matter and as a result arrived at a wrong decision, or that it be manifest from the case as a whole that the learned Judge was clearly wrong in the exercise of her discretion and occasioned injustice. However, before delving into the merits of the appeal a summary of the pertinent facts will place the issue in dispute in context.

3. The respondents herein claim to have been employed by the appellant o…

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