[2023] KEELC 17987 (KLR)
The court found that the defendant was properly served with summons and pleadings but failed to enter appearance or file a defence for over a year. In accordance with the Civil Procedure Rules, the court held that the plaintiff was entitled to judgment in default of appearance and defence. Consequently, the court...
Source-derived case information.
- Citation
- [2023] KEELC 17987 (KLR)
- Parties
- Plaintiff: Timothy Wacho (Legal representative of Naomi Subo Stephen); Defendant: Soka Gache
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E001 of 2023
- Procedural Posture
- Environment and Land Case / Ruling on Application for Default Judgment
- Outcome
- Application allowed. Judgment in default of appearance and defence entered against the defendant. Matter fixed for formal proof. Costs in the cause.
- Judges
- PM Njoroge
- Legal Topics
- Default Judgment, Service of Process, Formal Proof, Failure to Defend
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Timothy Wacho (Legal representative of Naomi Subo Stephen)
Plaintiff
Soka Gache
Defendant
Procedural Posture
Environment and Land Case / Ruling on Application for Default Judgment
Legal Issues
- 1 Whether judgment in default of appearance and defence should be entered against the defendant.
- 2 Whether the matter should be fixed for formal proof.
Ratio Decidendi
The court found that the defendant was properly served with summons and pleadings but failed to enter appearance or file a defence for over a year. In accordance with the Civil Procedure Rules, the court held that the plaintiff was entitled to judgment in default of appearance and defence. Consequently, the court directed that the matter be fixed for formal proof to determine the reliefs sought by the plaintiff. Costs were ordered to be in the cause.
Court Disposition
Application allowed. Judgment in default of appearance and defence entered against the defendant. Matter fixed for formal proof. Costs in the cause.
Orders
- Judgment in default of appearance and defence is entered against the defendant.
- The matter is fixed for formal proof on July 17, 2022.
Full Case Text
Judgment text and source record
20 paragraphs
Wacho (Legal representative of Naomi Subo Stephen) v Gache (Environment & Land Case E001 of 2023) [2023] KEELC 17987 (KLR) (5 June 2023) (Ruling)
Neutral citation: [2023] KEELC 17987 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment & Land Case E001 of 2023
PM Njoroge, J
June 5, 2023
Between
Timothy Wacho (Legal representative of Naomi Subo Stephen)
Plaintiff
and
Soka Gache
Defendant
Ruling
1. This ruling concerns are application dated May 2, 2023. It seeks orders; -a.That Judgement in default of filing memorandum of appearance and or Notice of appointment and statement of defence be entered against the defendant/respondent herein and the matter be fixed for formal proof.b.That costs of this application be provided for.
2. The grounds the reliefs sought are relied upon are; -a.That the plaintiff sued the defendant on January 12, 2022 claiming the reliefs set out in the plaint.b.That on January 27, 2022 service of the summons to enter appearance and the pleadings were effected upon the defendant as per affidavit of service dated February 4, 2022 and filed in court on February 8, 2022. c.That it is over 1 year to date and the defendant has failed to file Memorandum of appearance and/ or notice of appointment and a statement of defence.
3. I consider that the application has merits.
4. I direct that the matter be fixed for formal proof on July 17, 2022.
5. Costs shall be in the cause.
DELIVERED IN OPEN COURT AT ISIOLO THIS 5TH DAY OF JUNE, 2023 IN THE PRESENCE OF;Court Assistant: Balozi/RahmaHON. JUSTICE P.M NJOROGEJUDGE