Charles Onyango Menya v Kenya Forest Service [2017] KEELC 1963 (KLR)
- Court
- Environment & Land Court
- Case number
- 1963
- Citation
- [2017] KEELC 1963 (KLR)
- Decided
- 17 July 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an original trial decisionCoramHonourable Judge
Holding
The court grants leave to the defendant to file the defence to the plaint within 30 days from the date of the order.
Facts
The plaintiff, Charles Onyango Menya, filed a plaint against the defendant, Kenya Forest Service, on December 2, 2015. The defendant entered an appearance on January 18, 2016, but did not instruct a lawyer to represent it. The case was set for mention on July 17, 2017.
Issues
- Defendant's failure to enter an appearance
- Defendant's failure to file a defence within the stipulated time
Reasoning
The court agrees to compromise the notice of motion in the interest of justice, considering the defendant's failure to enter an appearance and file a defence within the stipulated time.
Outcome
The court grants leave to the defendant to file the defence to the plaint within 30 days from the date of the order.
Orders
- Granting leave to the defendant to file the defence to the plaint within 30 days from the date of the order.
- Granting costs of the application.
Authorities cited
Legislation (2)
- Civil Procedure Rules 2010
- Civil Procedure Act Cap 21 laws of Kenya
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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