[2019] KEELC 2760 (KLR)

[2019] KEELC 2760 (KLR)

The court found that the defendant was properly served with summons to enter appearance, as evidenced by the process server's affidavit and corroborated by the plaintiff's director, who was present at the time of service. The defendant did not deny being at the location of service and failed to provide a...

Source-derived case information.

Citation
[2019] KEELC 2760 (KLR)
Parties
Plaintiff: Kipkai Enterprises Ltd; Defendant: Maurine Louise Osembe
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Case Number
Environment & Land Case 586 of 2016
Procedural Posture
Notice of Motion / Ruling on Application to Set Aside Ex Parte Judgment
Outcome
application dismissed
Judges
BM Eboso
Legal Topics
Setting Aside Ex Parte Judgment, Service of Summons, Tenancy Disputes, Rental Arrears
Source Language
en
Civil Procedure Land and Property Setting Aside Ex Parte Judgment Service of Summons Tenancy Disputes Rental Arrears

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Parties

Kipkai Enterprises Ltd

Plaintiff

Maurine Louise Osembe

Defendant

Procedural Posture

Notice of Motion / Ruling on Application to Set Aside Ex Parte Judgment

Legal Issues

  1. 1 Whether the defendant was properly served with summons to enter appearance.
  2. 2 Whether the ex parte judgment entered against the defendant should be set aside.
  3. 3 Whether the defendant's application to set aside the judgment was brought without undue delay.

Ratio Decidendi

The court found that the defendant was properly served with summons to enter appearance, as evidenced by the process server's affidavit and corroborated by the plaintiff's director, who was present at the time of service. The defendant did not deny being at the location of service and failed to provide a satisfactory explanation for the delay of over four months in bringing the application to set aside the ex parte judgment. The court held that the judgment in question was a regular judgment, and the defendant did not demonstrate sufficient grounds, such as a plausible explanation for the delay or evidence of a defence raising triable issues, to warrant the exercise of the court's...

Court Disposition

application dismissed

Orders

  • The notice of motion dated 17/1/2018 is declined for lack of merit.