[2015] KEKC 9 (KLR)

[2015] KEKC 9 (KLR)

The court found that the respondent/applicant was duly served with hearing notices on two occasions, as evidenced by affidavits of service from the process server. The respondent admitted non-attendance at the hearing and failed to provide sufficient cause for her absence. The court held that there was no valid ground to set aside the ex parte judgment, as the respondent had not demonstrated that she was prevented by sufficient cause from attending the hearing or that the service was improper. The court emphasized that justice required upholding the judgment in the absence of any compelling reason to set it aside, and that the respondent would not suffer undue prejudice as she retained...

Citation
[2015] KEKC 9 (KLR)
Parties
Petitioner: G R; Respondent: I M
Court
Kadhis Courts
Court Station
Kadhis Court at Nairobi (Milimani Commercial Court)
Jurisdiction
Kenya
Judgment Date
1 December 2015
Case Number
Matrimonial Cause 30 of 2015
Procedural Posture
Matrimonial Cause / Ruling on Application to Set Aside Ex Parte Judgment
Outcome
application dismissed
Legal Topics
Matrimonial Disputes, Ex Parte Judgment, Setting Aside Judgment, Service of Process
Source Language
English
Family and Children Civil Procedure Matrimonial Disputes Ex Parte Judgment Setting Aside Judgment Service of Process

Case Brief

Summary, issues, holding and outcome

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Parties

G R

Petitioner

I M

Respondent

Procedural Posture

Matrimonial Cause / Ruling on Application to Set Aside Ex Parte Judgment

Legal Issues

  1. 1 Whether the ex parte judgment entered against the respondent should be set aside.
  2. 2 Whether the respondent was duly served with the hearing notice and had sufficient opportunity to attend the hearing.
  3. 3 Whether the respondent has provided sufficient cause for non-appearance at the hearing.

Ratio Decidendi

The court found that the respondent/applicant was duly served with hearing notices on two occasions, as evidenced by affidavits of service from the process server. The respondent admitted non-attendance at the hearing and failed to provide sufficient cause for her absence. The court held that there was no valid ground to set aside the ex parte judgment, as the respondent had not demonstrated that she was prevented by sufficient cause from attending the hearing or that the service was improper. The court emphasized that justice required upholding the judgment in the absence of any compelling reason to set it aside, and that the respondent would not suffer undue prejudice as she retained...

Court Disposition

application dismissed

Orders

  • The application to set aside the ex parte judgment is dismissed.