This archive report was first published on 19 September 2019.
On September 19, 2019, the Court of Appeal dismissed an appeal by Kwanza Estates Ltd against Dubai Bank (in liquidation), upholding the High Court's decision to set aside a default judgment in the company's favor.
The default judgment was initially in favor of Kwanza Estates Ltd after Dubai Bank failed to appear in court or respond to allegations. However, the High Court later set it aside, citing that the request was premature and irregular.
Appellate judges Alnashir Visram, Gatembu Kairu, and Agnes Murgor agreed with the High Court's decision, stating that the factors considered by the judge were relevant in setting aside the ex parte judgment.
They also noted that the bank's managing director, Hassan Zubeidi, was a necessary party to the suit due to claims made by Kwanza Estates Ltd that entitled him to defend himself.
Mr. Zubeidi's lawyer, Audrey Ogutu, had argued that the High Court was justified in allowing him to join the proceedings, which the appellate judges upheld.
