[2019] KEELC 1370 (KLR)

[2019] KEELC 1370 (KLR)

The court found, upon reviewing the record, that no interlocutory judgment was entered against the 3rd to 12th defendants on 18/3/2019 as alleged by the applicants. The proceedings on that date only involved the consensual admission of documents and commencement of hearing de novo, with no judgment entered. Since the application to set aside interlocutory judgment was based on the existence of such a judgment, which did not exist, the application was incompetent. Consequently, the court struck out the application without considering the substantive issues or granting any of the prayers sought.

Citation
[2019] KEELC 1370 (KLR)
Parties
Plaintiff: Jackson Ekim Omaido; Defendant: Lucia Ngaira Omunga; Defendant: Roselyne Omunga; Defendant: Clara Andabwa; Defendant: Nelson Makokha; Defendant: John Okwaroi; Defendant: Stanley Ekoine Juma; Defendant: George Wafula; Defendant: Kennedy Mumbwani; Defendant: Boniface Nyongesa; Defendant: Alfred Chamaketi; Defendant: Nambucha Kirikacha; Defendant: Alendander Imoni
Court
Environment and Land Court
Court Station
Environment and Land Court at Kitale
Jurisdiction
Kenya
Judgment Date
3 October 2019
Case Number
Land Case 22 of 2015
Procedural Posture
Miscellaneous Application / Ruling on Application to Set Aside Interlocutory Judgment
Outcome
application struck out
Judges
FM Njoroge
Legal Topics
Setting Aside Judgment, Interlocutory Judgment, Service of Process, Recovery of Land
Source Language
English
Civil Procedure Land and Property Setting Aside Judgment Interlocutory Judgment Service of Process Recovery of Land

Case Brief

Summary, issues, holding and outcome

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Parties

Jackson Ekim Omaido

Plaintiff

Lucia Ngaira Omunga

Defendant

Roselyne Omunga

Defendant

Clara Andabwa

Defendant

Nelson Makokha

Defendant

John Okwaroi

Defendant

Stanley Ekoine Juma

Defendant

George Wafula

Defendant

Kennedy Mumbwani

Defendant

Boniface Nyongesa

Defendant

Alfred Chamaketi

Defendant

Nambucha Kirikacha

Defendant

Alendander Imoni

Defendant

Procedural Posture

Miscellaneous Application / Ruling on Application to Set Aside Interlocutory Judgment

Legal Issues

  1. 1 Whether interlocutory judgment was entered against the 3rd to 12th defendants on 18/3/2019.
  2. 2 Whether the application to set aside interlocutory judgment is competent in the absence of such judgment.
  3. 3 Whether the court should grant leave to file defence and award costs.

Ratio Decidendi

The court found, upon reviewing the record, that no interlocutory judgment was entered against the 3rd to 12th defendants on 18/3/2019 as alleged by the applicants. The proceedings on that date only involved the consensual admission of documents and commencement of hearing de novo, with no judgment entered. Since the application to set aside interlocutory judgment was based on the existence of such a judgment, which did not exist, the application was incompetent. Consequently, the court struck out the application without considering the substantive issues or granting any of the prayers sought.

Court Disposition

application struck out

Orders

  • The application dated 23/7/2019 is struck out.
  • No orders as to costs.