Hellen N Mbesi v Wycliffe Mathias Muniafu & 2 others [2016] KEELC 8 (KLR)
- Court
- Environment & Land Court
- Case number
- 8
- Citation
- [2016] KEELC 8 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an exparte judgmentCoramS. Mukunya
Holding
The application is allowed in terms of prayer 3 of the notice of motion, the judgment entered on 28.10.2015 and all consequential orders arising from that judgment are set aside. The suit shall now be fixed for hearing on merits after the 1st defendant shall be served with the orders herein.
Facts
The plaintiff brought an application for a temporary stay of execution and to set aside an exparte judgment entered on 25.10.2015. The defendants were not served with the hearing notice and were unaware of the hearing date.
Issues
- Whether the application was made under the wrong Sections of the Civil Procedure Rules
- Whether the defendants were served with the hearing notice and were aware of the hearing date
Reasoning
The application was made under the wrong Sections of the Civil Procedure Rules and the defendants were not served with the hearing notice and were unaware of the hearing date.
Outcome
Appeal allowed
Orders
- The judgment entered on 28.10.2015 and all consequential orders arising from that judgment are set aside
- The suit shall now be fixed for hearing on merits after the 1st defendant shall be served with the orders herein
Remedies
- The 2nd and 3rd defendants are awarded costs of the application
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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