[2018] KEELC 3374 (KLR)
The court found that the hearing date had been properly served upon the defendants, who failed to attend court without any explanation. In accordance with Order 12 Rule 1 of the Civil Procedure Rules, the court exercised its discretion to allow the hearing of the suit to proceed ex-parte against the absent...
Source-derived case information.
- Citation
- [2018] KEELC 3374 (KLR)
- Parties
- Plaintiff: Lucy Karauki Kirambia (suing as the legal representative of the estate of Peter Muriungi Kaunga, deceased); Defendant: Muthengi M’Mwathi Muthigu & 3 Others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 208 of 2017
- Procedural Posture
- Land and Property Suit / Ruling on Attendance and Ex Parte Hearing
- Outcome
- The hearing of the suit to proceed ex-parte against the defendants.
- Judges
- FM Njoroge
- Legal Topics
- Ex Parte Hearing, Service of Process, Non Attendance, Order 12 Civil Procedure Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucy Karauki Kirambia (suing as the legal representative of the estate of Peter Muriungi Kaunga, deceased)
Plaintiff
Muthengi M’Mwathi Muthigu & 3 Others
Defendant
Procedural Posture
Land and Property Suit / Ruling on Attendance and Ex Parte Hearing
Legal Issues
- 1 Whether the defendants were properly served with the hearing notice.
- 2 Whether the suit should proceed ex-parte due to the defendants' non-attendance.
Ratio Decidendi
The court found that the hearing date had been properly served upon the defendants, who failed to attend court without any explanation. In accordance with Order 12 Rule 1 of the Civil Procedure Rules, the court exercised its discretion to allow the hearing of the suit to proceed ex-parte against the absent defendants. The decision was based on the need to avoid unnecessary delay and ensure the matter proceeds in the interests of justice.
Court Disposition
The hearing of the suit to proceed ex-parte against the defendants.
Orders
- The hearing of the suit shall proceed ex-parte.
- It is so ordered.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC CASE NO. 208 OF 2017
FORMERLY MERU ELC NO. 169 OF 2013
LUCY KARAUKI KIRAMBIA (suing as the
legalrepresentative f the estateof
Peter Muriungi Kaunga (deceased)..........PLAINTIFF
VERSUS
MUTHENGI M’MWATHI
MUTHIGU & 3 OTHERS....................DEFENDANTS
RULING
1. The parties were ordered to come for hearing of this suit on 8. 5.2018. However, only the plaintiff and his one witness turned up. The defendants did not come to court. I find that today’s hearing date had been properly served upon them.
2. In the circumstances, I have no option but to invoke the provisions of order 12 Rule 1 of the Civil Procedure Rules and Order that hearing of the suit proceeds ex-parte.
3. It is so ordered.
Delivered in open court at Chuka this 8th day of May, 2018 in the presence of:
CA: Ndegwa
Mwanzia for the plaintiff
P. M. NJOROGE
JUDGE