[2019] KEHC 4232 (KLR)

[2019] KEHC 4232 (KLR)

The court found that the applicant failed to provide a candid or medically supported explanation for her absence at the hearing on 20th December 2018. The medical evidence showed hospitalization occurred after the relevant date, and there was no proof of illness on the hearing date. The court emphasized that the discretion to set aside an ex parte judgment must be exercised judicially, considering both the merits of the defence and the explanation for non-attendance. Given the 20-year separation and litigation history, and the lack of a reasonable basis to disturb the judgment, the court concluded that justice did not require re-opening the matter. The application to set aside the...

Citation
[2019] KEHC 4232 (KLR)
Parties
Applicant: PTK; Respondent: JKN
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
26 September 2019
Case Number
Divorce Cause 79 of 2005
Procedural Posture
Divorce Cause / Ruling on Application to Set Aside Ex Parte Judgment
Outcome
application dismissed
Judges
AO Muchelule
Legal Topics
Divorce Proceedings, Judicial Separation, Ex Parte Judgment, Setting Aside Judgment
Source Language
English
Family and Children Divorce Proceedings Judicial Separation Ex Parte Judgment Setting Aside Judgment

Case Brief

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Parties

PTK

Applicant

JKN

Respondent

Procedural Posture

Divorce Cause / Ruling on Application to Set Aside Ex Parte Judgment

Legal Issues

  1. 1 Whether the applicant has provided sufficient grounds to set aside the ex parte judgment dissolving the marriage.
  2. 2 Whether the applicant's absence at the hearing was justified by illness or other valid reason.
  3. 3 Whether the interests of justice require re-opening the matter after 20 years of litigation.

Ratio Decidendi

The court found that the applicant failed to provide a candid or medically supported explanation for her absence at the hearing on 20th December 2018. The medical evidence showed hospitalization occurred after the relevant date, and there was no proof of illness on the hearing date. The court emphasized that the discretion to set aside an ex parte judgment must be exercised judicially, considering both the merits of the defence and the explanation for non-attendance. Given the 20-year separation and litigation history, and the lack of a reasonable basis to disturb the judgment, the court concluded that justice did not require re-opening the matter. The application to set aside the...

Court Disposition

application dismissed

Orders

  • The application to set aside the judgment is dismissed.
  • Each side shall bear own costs.