[2019] KEELC 2727 (KLR)

[2019] KEELC 2727 (KLR)

The court found that the applicants were duly served and that their advocates entered a notice of appointment, contradicting claims of lack of representation. The applicants failed to follow up on their case for three years and delayed seven months after judgment before seeking to set it aside, without adequate explanation for the delay. The applicants did not challenge the plaintiff's title for over three decades and failed to pursue a counterclaim or defence diligently. The court concluded that the applicants had not satisfied the criteria for setting aside a regular ex parte judgment, as their conduct showed indifference and lack of diligence, and no sufficient cause was shown to...

Citation
[2019] KEELC 2727 (KLR)
Parties
Plaintiff: Michael James Karanja; Defendant: Boro Kabuthia; Defendant: Margaret Wambui; Defendant: Joseph Matheri Chege; Defendant: Geoffrey Gatonye Karanja; Defendant: Geoffrey Njaga Githua; Defendant: Kinyanjui Kamondia; Defendant: Moses Karanja; Defendant: Mburu Githua; Defendant: Mburu Nguruko; Defendant: Njenga Kaibuti; Defendant: Njenga Kariuki
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Judgment Date
28 June 2019
Case Number
Environment & Land Case 323 of 2014
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, Title Registration, Eviction Orders, Adverse Possession Claims
Source Language
English
Land and Property Setting Aside Ex Parte Judgment Title Registration Eviction Orders Adverse Possession Claims

Case Brief

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Parties

Michael James Karanja

Plaintiff

Boro Kabuthia

Defendant

Margaret Wambui

Defendant

Joseph Matheri Chege

Defendant

Geoffrey Gatonye Karanja

Defendant

Geoffrey Njaga Githua

Defendant

Kinyanjui Kamondia

Defendant

Moses Karanja

Defendant

Mburu Githua

Defendant

Mburu Nguruko

Defendant

Njenga Kaibuti

Defendant

Njenga Kariuki

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicants have satisfied the criteria for setting aside a regular ex parte judgment.
  2. 2 Whether the applicants have demonstrated a triable defence to warrant reopening the suit.
  3. 3 Whether the delay in bringing the application to set aside judgment is excusable.

Ratio Decidendi

The court found that the applicants were duly served and that their advocates entered a notice of appointment, contradicting claims of lack of representation. The applicants failed to follow up on their case for three years and delayed seven months after judgment before seeking to set it aside, without adequate explanation for the delay. The applicants did not challenge the plaintiff's title for over three decades and failed to pursue a counterclaim or defence diligently. The court concluded that the applicants had not satisfied the criteria for setting aside a regular ex parte judgment, as their conduct showed indifference and lack of diligence, and no sufficient cause was shown to...

Court Disposition

application dismissed

Orders

  • The notice of motion dated 19/4/2018 is rejected.
  • Costs to the plaintiff.