[2020] KEELC 2211 (KLR)

[2020] KEELC 2211 (KLR)

The court found that the applicant's advocate made genuine attempts to join the virtual hearing but was unable to do so due to technological error, not deliberate exclusion. The absence was not intentional or due to any fault of the applicant. Orders made in the absence of the applicant's advocate were adverse to...

Source-derived case information.

Citation
[2020] KEELC 2211 (KLR)
Parties
Plaintiff: Mohan Galot; Defendant: Walter Omosa Nyakundi; Defendant: Daniel Kweya; Defendant: Jared Morara; Defendant: Richard Pondo; Defendant: Hillary Chepkwony Ngeno; Defendant: Vistor Mbithi; Defendant: Peter Ong’ongo Ondumbu; Defendant: Titus Shitambasi Anduku; Defendant: John Mutuma; Defendant: Benjamin Muya; Defendant: Michael Mutune; Defendant: Elijah Mwaura Waweru; Defendant: Bernard Peter; Defendant: Jane Karambu Mugambi; Defendant: Ruth Jepkorir Kangongo; Defendant: Beatrice Achieng; Defendant: Vincent Wafula Opusi; Defendant: Francis Muthoka Mwanzia; Defendant: Joshua Lokiteso Okatete; Defendant: Hosea Ibrahim Obufu; Defendant: Jairus Omwoyo Otete; Defendant: Joseah Kipchirchir Langat; Respondent: Pravin Galot; Respondent: Rajesh Galot; Respondent: Ganeshlal Galot
Court
Environment and Land Court
Court Station
Environment and Land Court at Thika
Jurisdiction
Kenya
Judgment Date
11 June 2020
Case Number
Environment & Land Case 23 of 2020
Procedural Posture
Notice of Motion Application / Ruling on Application to Set Aside Ex Parte Orders and Proceedings
Outcome
application partially allowed
Judges
LN Gacheru
Legal Topics
Setting Aside Ex Parte Orders, Joinder of Parties, Virtual Hearings, Procedural Fairness
Source Language
english
Civil Procedure Land and Property Setting Aside Ex Parte Orders Joinder of Parties Virtual Hearings Procedural Fairness

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Parties

Mohan Galot

Plaintiff

Walter Omosa Nyakundi

Defendant

Daniel Kweya

Defendant

Jared Morara

Defendant

Richard Pondo

Defendant

Hillary Chepkwony Ngeno

Defendant

Vistor Mbithi

Defendant

Peter Ong’ongo Ondumbu

Defendant

Titus Shitambasi Anduku

Defendant

John Mutuma

Defendant

Benjamin Muya

Defendant

Michael Mutune

Defendant

Elijah Mwaura Waweru

Defendant

Bernard Peter

Defendant

Jane Karambu Mugambi

Defendant

Ruth Jepkorir Kangongo

Defendant

Beatrice Achieng

Defendant

Vincent Wafula Opusi

Defendant

Francis Muthoka Mwanzia

Defendant

Joshua Lokiteso Okatete

Defendant

Hosea Ibrahim Obufu

Defendant

Jairus Omwoyo Otete

Defendant

Joseah Kipchirchir Langat

Defendant

Pravin Galot

Respondent

Rajesh Galot

Respondent

Ganeshlal Galot

Respondent

Procedural Posture

Notice of Motion Application / Ruling on Application to Set Aside Ex Parte Orders and Proceedings

Legal Issues

  1. 1 Whether the ex parte proceedings and orders of 7th May 2020 should be set aside due to the applicant's advocate's absence from the virtual hearing.
  2. 2 Whether the joinder of the Interested Parties was proper in the absence of the applicant's advocate.
  3. 3 Whether there is sufficient basis to order an investigation into the ICT Officer's conduct regarding access to the virtual court session.

Ratio Decidendi

The court found that the applicant's advocate made genuine attempts to join the virtual hearing but was unable to do so due to technological error, not deliberate exclusion. The absence was not intentional or due to any fault of the applicant. Orders made in the absence of the applicant's advocate were adverse to his interests, particularly regarding the joinder of Interested Parties. In the interest of justice and to allow the applicant an opportunity to be heard, the court exercised its discretion to set aside the ex parte proceedings and orders of 7th May 2020. However, the court found no substantiated evidence to support the applicant's allegations against the ICT Officer and declined...

Court Disposition

application partially allowed

Orders

  • The proceedings and orders of 7th May 2020 are set aside.
  • The application dated 4th May 2020 shall be heard afresh in the presence of the applicant's advocate.