[2021] KEELC 3291 (KLR)

[2021] KEELC 3291 (KLR)

The court found that the 5th, 6th, and 8th defendants were aware of the hearing date but failed to attend court. In accordance with Order 12 Rule 5 of the Civil Procedure Rules, the court is empowered to proceed with the suit and enter judgment against absent defendants if the case is proved. The plaintiff relied on its pleadings, and the court was satisfied that the case against the absent defendants was proved. Consequently, judgment was entered against Mwirigi Miriti (5th defendant), Mugendi Kainyati (6th defendant), and Mwiti Riungu (8th defendant), with costs awarded to the plaintiff to be paid by these defendants.

Citation
[2021] KEELC 3291 (KLR)
Parties
Plaintiff: Majani Estates Limited; Defendant: Muthoni Nkonge; Defendant: Muriuki Ndubi; Defendant: Saulu Ndiga; Defendant: Kariba Kanampiu; Defendant: Mwirigi Miriti; Defendant: Mugendi Kainyati; Defendant: Paul Kinyua Riungu; Defendant: Mwiti Riungu; Defendant: Benedictine Njiru Riungu
Court
Environment and Land Court
Court Station
Environment and Land Court at Chuka
Jurisdiction
Kenya
Judgment Date
17 May 2021
Case Number
Environment & Land Case 08 of 2020
Procedural Posture
Land and Environment Case / Judgment After Non Attendance of Some Defendants at Hearing
Outcome
Judgment entered against the 5th, 6th, and 8th defendants for non-attendance; costs awarded to the plaintiff against those defendants.
Legal Topics
Default Judgment, Non Attendance of Parties, Costs Award, Land Disputes
Source Language
English
Civil Procedure Land and Property Default Judgment Non Attendance of Parties Costs Award Land Disputes

Case Brief

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Parties

Majani Estates Limited

Plaintiff

Muthoni Nkonge

Defendant

Muriuki Ndubi

Defendant

Saulu Ndiga

Defendant

Kariba Kanampiu

Defendant

Mwirigi Miriti

Defendant

Mugendi Kainyati

Defendant

Paul Kinyua Riungu

Defendant

Mwiti Riungu

Defendant

Benedictine Njiru Riungu

Defendant

Procedural Posture

Land and Environment Case / Judgment After Non Attendance of Some Defendants at Hearing

Legal Issues

  1. 1 Whether judgment can be entered against defendants who fail to attend court despite being aware of the hearing date.
  2. 2 Whether the plaintiff has proved its case against the absent defendants as required by law.
  3. 3 Whether costs should be awarded against the absent defendants.

Ratio Decidendi

The court found that the 5th, 6th, and 8th defendants were aware of the hearing date but failed to attend court. In accordance with Order 12 Rule 5 of the Civil Procedure Rules, the court is empowered to proceed with the suit and enter judgment against absent defendants if the case is proved. The plaintiff relied on its pleadings, and the court was satisfied that the case against the absent defendants was proved. Consequently, judgment was entered against Mwirigi Miriti (5th defendant), Mugendi Kainyati (6th defendant), and Mwiti Riungu (8th defendant), with costs awarded to the plaintiff to be paid by these defendants.

Court Disposition

Judgment entered against the 5th, 6th, and 8th defendants for non-attendance; costs awarded to the plaintiff against those defendants.

Orders

  • Judgment is entered against Mwirigi Miriti (5th defendant), Mugendi Kainyati (6th defendant), and Mwiti Riungu (8th defendant).
  • Costs are awarded to the plaintiff to be paid by the 5th, 6th, and 8th defendants.