[2025] KEHC 9726 (KLR)
The court found that the application to defer the ruling on setting aside the consent judgment, on the basis of cross-examining Sophia Abdilahi Chacha regarding service of summons, was without merit. The court reasoned that Sophia Abdilahi Chacha, as a director and shareholder of the plaintiff, was not the...
Source-derived case information.
- Citation
- [2025] KEHC 9726 (KLR)
- Parties
- Plaintiff: Denman Properties Limited; Defendant: County Land Registrar Kilifi; Defendant: National Land Commission; Defendant: The Honourable Attorney General; Defendant: Awadh Aseid; Defendant: Awaah Abeid; Defendant: Philip Mwarandu; Defendant: Abdiriza Maalimu Ahmed; Defendant: Jabri Abdulnassir Seif; Defendant: Hon Gideon Mung’aro; Defendant: Thoya Foleni Francis
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 150 of 2014
- Procedural Posture
- Environment and Land Case / Ruling on Application to Defer Ruling on Setting Aside Consent Judgment
- Outcome
- application dismissed with costs
- Judges
- EK Makori
- Legal Topics
- Setting Aside Consent Judgment, Service of Summons, Representation of Parties, Cross Examination, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Denman Properties Limited
Plaintiff
County Land Registrar Kilifi
Defendant
National Land Commission
Defendant
The Honourable Attorney General
Defendant
Awadh Aseid
Defendant
Awaah Abeid
Defendant
Philip Mwarandu
Defendant
Abdiriza Maalimu Ahmed
Defendant
Jabri Abdulnassir Seif
Defendant
Hon Gideon Mung’aro
Defendant
Thoya Foleni Francis
Defendant
Procedural Posture
Environment and Land Case / Ruling on Application to Defer Ruling on Setting Aside Consent Judgment
Legal Issues
- 1 Whether the application to defer the ruling on setting aside the consent judgment should be granted.
- 2 Whether cross-examination of Sophia Abdilahi Chacha is necessary to determine service of summons on the 7th and 8th defendants.
- 3 Whether the application dated February 13, 2025, constitutes an abuse of court process.
Ratio Decidendi
The court found that the application to defer the ruling on setting aside the consent judgment, on the basis of cross-examining Sophia Abdilahi Chacha regarding service of summons, was without merit. The court reasoned that Sophia Abdilahi Chacha, as a director and shareholder of the plaintiff, was not the appropriate person to be cross-examined on the issue of service, which is ordinarily effected by a process server or counsel. The record showed that the 7th and 8th defendants were represented by counsel when the consent judgment was entered, and the issue of service was already raised in the substantive application to set aside. The court concluded that the application was a delaying...
Court Disposition
application dismissed with costs
Orders
- The application dated February 13, 2025, is dismissed with costs to the respondents.
- The ruling on the application dated April 26, 2024, to set aside the consent judgment is scheduled for July 10, 2025.
Full Case Text
Judgment text and source record
41 paragraphs
Denman Properties Limited v County Land Registrar Kilifi & 9 others (Environment & Land Case 150 of 2014) [2025] KEHC 9726 (KLR) (3 July 2025) (Ruling)
Neutral citation: [2025] KEHC 9726 (KLR)
Republic of Kenya
In the High Court at Malindi
Environment & Land Case 150 of 2014
EK Makori, J
July 3, 2025
Between
Denman Properties Limited
Plaintiff
and
County Land Registrar Kilifi
1st Defendant
National Land Commission
2nd Defendant
The Honourable Attorney General
3rd Defendant
Awadh Aseid
4th Defendant
Awaah Abeid
5th Defendant
Philip Mwarandu
6th Defendant
Abdiriza Maalimu Ahmed
7th Defendant
Jabri Abdulnassir Seif
8th Defendant
Hon Gideon Mung’aro
9th Defendant
Thoya Foleni Francis
10th Defendant
Ruling
1. This matter was scheduled for a ruling on an application to set aside the consent judgment entered by the parties on June 15, 2015.
2. On May 26, 2025, the 7th and 8th Defendants applied for a deferral of that ruling on the sole point that there was a need to cross-examine Sophia Abdilahi Chacha regarding the service of summonses to enter an appearance in this suit.
3. I placed questions orally to the parties, considered the affidavits on record, and after thorough consideration, decided that this should be a summary ruling in the manner outlined below.
4. Having heard parties in this matter and meticulously gone through the record, the question of how summonses were served on the 7th and 8th defendants cannot be answered by cross-examination of One Sophia Abdilahi Chacha.
5. The reason is that she is a shareholder and Director of the Plaintiff Company. Ordinarily, a party in a lawsuit does not engage in court processes; instead, it is done through an accredited process server or counsel appearing on behalf of the parties.
6. That record clearly shows that the impugned consent judgment dated June 18, 2015, was entered by Michira Mesa, apparently representing the 7th and 8th defendants, so service of the summons will not be in dispute. Additionally, the same argument is prominently raised in the application to set aside dated April 26, 2024.
7. At best, the application dated February 13, 2025, merely prolongs this matter and is a fishing expedition. It is dismissed with costs.
8. In light of the foregoing, the ruling on the application dated April 26, 2024, to set aside the consent judgment is scheduled for July 10, 2025, considering the delay in delivering that ruling and the age of this matter.
DATED, SIGNED, AND DELIVERED IN OPEN COURT AT MALINDI ON 3RD JULY, 2025. E. K. MAKORIJUDGEIn the presence of:Mr. Binyenya for the PlaintiffMr. Lusamba for the 1st and 3rd DefendantsDr. Gitau for the 7th and 8th DefendantsMr. Binyenya for the PlaintiffHappy: Court Assistant