China Henan International Co-operation (Group) Co. Ltd v Mshanga (Civil Appeal E030 of 2021) [2023] KECA 1312 (KLR) (27 October 2023) (Judgment)

Facts

The appellant, China Henan International Co-operation (Group) Co. Ltd, was sued for trespass and occupation of the respondent's land without consent. Despite being served with summons, the appellant failed to file a defence, leading to an ex parte judgment on January 31, 2019, awarding damages and an eviction order. The appellant later sought to set aside the judgment, arguing that it had a valid lease agreement with a third party, but the ELC dismissed the application on January 22, 2021.

Issues

1. Whether the Environment and Land Court improperly exercised its discretion in refusing to set aside an ex parte judgment.
2. Whether the Environment and Land Court erred in refusing to set aside the ex parte judgment despite the appellant's claim that its advocate failed to file a defence or notify it of the proceedings.
3. Whether the Environment and Land Court's refusal to enjoin an alleged purchaser in a land dispute as an interested party was a misdirection in law.

Reasoning

The Court of Appeal held that the Environment and Land Court improperly exercised its discretion in refusing to set aside the ex parte judgment due to the appellant's advocate's inadvertence.

Outcome

The appeal was successful, and the judgment and decree of the Environment and Land Court were set aside.

Authorities cited