[2018] KEELC 4097 (KLR)
The court found that the defendant had been properly served with a hearing notice but failed to attend court or show good cause for absence. In accordance with Order 12 Rule 2 of the Civil Procedure Rules, the court proceeded to hear the plaintiff's case ex parte. The plaintiff's evidence was uncontroverted, and the...
Source-derived case information.
- Citation
- [2018] KEELC 4097 (KLR)
- Parties
- Plaintiff: Makunyi Rwanda; Defendant: Ruth Karauki Ayub
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 214 of 2017
- Procedural Posture
- Land and Property Suit / Judgment
- Outcome
- judgment for the plaintiff entered ex parte
- Judges
- FM Njoroge
- Legal Topics
- Land Transfer, Exparte Judgment, Court Orders Execution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Makunyi Rwanda
Plaintiff
Ruth Karauki Ayub
Defendant
Procedural Posture
Land and Property Suit / Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to the transfer of land parcel No. SOUTH THARAKA/TUNYAI “A”/2788 from the defendant.
- 2 Whether the suit could proceed ex parte in the absence of the defendant.
- 3 Whether the plaintiff is entitled to costs.
Ratio Decidendi
The court found that the defendant had been properly served with a hearing notice but failed to attend court or show good cause for absence. In accordance with Order 12 Rule 2 of the Civil Procedure Rules, the court proceeded to hear the plaintiff's case ex parte. The plaintiff's evidence was uncontroverted, and the court was satisfied that the plaintiff was entitled to the relief sought. Consequently, judgment was entered in favour of the plaintiff for the transfer of land parcel No. SOUTH THARAKA/TUNYAI “A”/2788, with an order that the Executive Officer of the court execute all necessary documents should the defendant fail to comply. Costs were also awarded to the plaintiff.
Court Disposition
judgment for the plaintiff entered ex parte
Orders
- The defendant is obliged to transfer land parcel No. SOUTH THARAKA/TUNYAI “A”/2788 to the plaintiff.
- An order is issued that the defendant transfers land parcel No. SOUTH THARAKA/TUNYAI “A”/2788 to the plaintiff, failing which the Executive Officer of the court is to execute all necessary documents for implementation.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 214 OF 2017
FORMERLY MERU ELC. 137 OF 2013
MAKUNYI RWANDA……………………..…..……………..…….PLAINTIFF
VERSUS
RUTH KARAUKI AYUB…………..……………………………. DEFENDANT
JUDGMENT
1. When the suit came up for hearing, only the plaintiff attended. The suit was called on outside court and the defendant was nowhere to be found.
2. This suit was filed in May, 2013 and has been pending hearing and determination for over 4 years.
3. The last time this suit was slated for hearing on 27. 11. 2017, the plaintiff’s advocate lamented that the suit had taken too long to be heard because his client, the defendant was not cooperative. He expressed his wish to cease acting for the plaintiff.
4. The plaintiff has told the court that he is a poor person and that attending to this suit was threatening to render him destitute. He prayed that this suit be allowed and judgment be entered in his favour.
5. In terms of the provisions of Order 12 Rule 2, I find that hearing notice had been properly issued. I find that no good cause TO NOT hear the suit exparte has been shown.
6. The plaintiff having been heard exparte, judgment is entered for him in the following terms:
a) The defendant is obliged to transfer land parcel No. SOUTH THARAKA/TUNYAI “A”/2788 to the plaintiff.
b) An order is hereby issued that the defendant transfers land parcel No. SOUTH THARAKA/TUNYAI “A”/2788 to the plaintiff failing which the Executive Officer of this court is ordered to execute all apposite documents necessary for the implementation of this order.
c) Costs are awarded to the plaintiff.
Delivered in open court at Chuka this 22nd day of January, 2018 in the presence of:
CA: Ndegwa
Makunyi Rwanda – plaintiff
P.M. NJOROGE
JUDGE