[2008] KEHC 2780 (KLR)

[2008] KEHC 2780 (KLR)

The court found that the relevant legal provisions governing the application expressly provide that such applications are to be made ex parte, meaning no notice is required to be served on the other party. Therefore, the applicant's grounds of inadequate service and counsel's unavailability do not warrant setting...

Source-derived case information.

Citation
[2008] KEHC 2780 (KLR)
Parties
Applicant: Njoka Namu; Respondent: Benson Mwaura
Court
High Court
Court Station
High Court at Embu
Jurisdiction
Kenya
Case Number
Miscellaneous Case 24 of 2007
Procedural Posture
Miscellaneous Application / Ruling on Application to Set Aside Orders
Outcome
application dismissed with costs to respondent
Legal Topics
Setting Aside Orders, Exparte Applications, Service of Process
Source Language
en
Civil Procedure Setting Aside Orders Exparte Applications Service of Process

Source-derived case record

Summary, issues, holding and outcome

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Parties

Njoka Namu

Applicant

Benson Mwaura

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Set Aside Orders

Legal Issues

  1. 1 Whether the orders made on 1/10/2007 should be set aside for inadequate service and counsel's unavailability.
  2. 2 Whether notice was required for the ex parte application under Order 36 rule 3C and Section 27 Cap.22.

Ratio Decidendi

The court found that the relevant legal provisions governing the application expressly provide that such applications are to be made ex parte, meaning no notice is required to be served on the other party. Therefore, the applicant's grounds of inadequate service and counsel's unavailability do not warrant setting aside the orders made on 1/10/2007. The application was found to be without merit and was dismissed with costs to the respondent.

Court Disposition

application dismissed with costs to respondent

Orders

  • The application to set aside the orders made on 1/10/2007 is dismissed.
  • The applicant shall pay costs to the respondent.