Introduction and Background
1. I have considered the Notice of Motion application dated 2nd September 2025 filed by the Defendant. It seeks to stay the taxation proceedings resulting from entry of judgment on 8th November 2024, to set aside the ex-parte judgment and for leave to file a defense in the suit. The main ground on which the application is premised is that the Applicant was not served with the Summons to Enter Appearance. The application is supported through the affidavit of BYRON MUDHUNE and opposed by way of a Replying Affidavit sworn by ASKAR KARIMULLIN, a director of the Plaintiff.
Analysis and Determination
2. The allegation by the Applicant is on the face of it not supported by the record. The evidence shows that the pleadings as well as the Summons to Enter Appearance were served upon the Defendant by WhatsApp on 19th May 2023. That service has not been specifically controverted. The follow up WhatsApp communication seeking an opportunity to discuss the matter has equally not been controverted as presented by the Plaintiff. The pleadings were equally served by way of email on the same day through email bmudhune@mafafrique.com The service is collaborated by the Affidavit of Service sworn on 15th June 2023 also on record.
3. I am therefore not satisfied that the application herein has any merit. It would appear to be an afterthought considering that the same was filed almost a year after judgment had been entered and no explanation has been offered for this.
Disposition
4. Accordingly, the application dated 2nd September 2025 is dismissed with costs.
DATED, SIGNED AND DELIVERED AT NAIROBI
THIS 12TH DAY OF JUNE 2025.
F. MUGAMBI
JUDGE
1. I have considered the Notice of Motion application dated 2nd September 2025 filed by the Defendant. It seeks to stay the taxation proceedings resulting from entry of judgment on 8th November 2024, to set aside the ex-parte judgment and for leave to file a defense in the suit. The main ground on which the application is premised is that the Applicant was not served with the Summons to Enter Appearance. The application is supported through the affidavit of BYRON MUDHUNE and opposed by way of a Replying Affidavit sworn by ASKAR KARIMULLIN, a director of the Plaintiff.
Analysis and Determination
2. The allegation by the Applicant is on the face of it not supported by the record. The evidence shows that the pleadings as well as the Summons to Enter Appearance were served upon the Defendant by WhatsApp on 19th May 2023. That service has not been specifically controverted. The follow up WhatsApp communication seeking an opportunity to discuss the matter has equally not been controverted as presented by the Plaintiff. The pleadings were equally served by way of email on the same day through email bmudhune@mafafrique.com The service is collaborated by the Affidavit of Service sworn on 15th June 2023 also on record.
3. I am therefore not satisfied that the application herein has any merit. It would appear to be an afterthought considering that the same was filed almost a year after judgment had been entered and no explanation has been offered for this.
Disposition
4. Accordingly, the application dated 2nd September 2025 is dismissed with costs.
DATED, SIGNED AND DELIVERED AT NAIROBI
THIS 12TH DAY OF JUNE 2025.
F. MUGAMBI
JUDGE