Alice Kemunto Ondieki & another v Peter Njuguna Gachie [2014] KECA 312 (KLR)
- Court
- Court of Appeal
- Case number
- 312
- Citation
- [2014] KECA 312 (KLR)
- Decided
- 17 October 2014
The High Court's ex parte judgment and decree are upheld, and the applicants' application for stay of execution and stay of proceedings is dismissed.
Facts
The applicants, Alice Kemunto Ondieki and Kennedy Obwaya Onsongo, claim to be the lawful owners of a parcel of land known as Nairobi Block 62/258. They have constructed a 5-storey building on the land, comprising 52 residential units and two floors of commercial units, which are leased to the Kenya Commercial Bank and Clinix Medical Clinic. The respondent, Peter Njuguna Gachie, wrote to the bank and other tenants, demanding rent and threatening to demolish the building if rent was not paid.
Issues
- Whether the applicants are the lawful owners of the land
- Whether the High Court's ex parte judgment and decree should be set aside
- Whether the respondent's actions constitute interference with the applicants' property
Reasoning
The High Court found that the applicants were duly served with the court process but failed to enter appearance and defend the suit. The court did not consider the nature of the applicants' property.
Outcome
Appeal dismissed
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