Muringi Willy & another v Mercy Muthoni Njogu [2017] KEELC 2031 (KLR)
- Court
- Environment & Land Court
- Case number
- 2031
- Citation
- [2017] KEELC 2031 (KLR)
- Decided
- 14 July 2017
The defendant was duly served with the plaint and summons by MR. A.N. CHOMBA, an advocate of this Court, and accepted service but refused to sign.
Facts
The plaintiffs were the registered proprietors of the suit land, but the defendant continued to occupy and use it without any right. The plaintiffs filed a plaint on 16th January 2016, and interlocutory judgment was entered for the plaintiffs on 18th February 2016. The defendant moved to set aside the judgment on 10th November 2016.
Issues
- Whether the defendant was duly served with the plaint and summons
- Whether the defendant entered appearance and filed a defence
Reasoning
The court finds it highly unlikely that MR. A.N. CHOMBA would have filed a false affidavit, as it would have been punishable with a fine or imprisonment. The defendant's home is at RWAMBITI Village, Kagumo Sub-location, and the process server's affidavit is credible.
Outcome
The application to set aside the judgment is dismissed.
Orders
- The defendant's application to set aside the judgment dated 30th September 2016 is dismissed.
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