Kiprono Arap Koske v John Cheruiyot Koskei [2017] KEELC 2691 (KLR)
- Court
- Environment & Land Court
- Case number
- 2691
- Citation
- [2017] KEELC 2691 (KLR)
- Decided
- 16 June 2017
The Defendant's application is allowed, and the judgment is set aside. The parties are directed to comply with Order 11 within 30 days to dispose of the case expeditiously.
Facts
The Plaintiff filed a suit seeking sub-division of land parcel number KERICHO/SILIBWET/944 into two equal shares. The Defendant failed to attend the hearing and the Plaintiff obtained a judgment in his favor. The Defendant subsequently applied for a stay of execution and set aside the judgment.
Issues
- Whether the Defendant's failure to attend the hearing was excusable
- Whether the judgment should be set aside due to the Defendant's defense raising triable issues
Reasoning
The court found the Defendant's wife was critically ill at the time of the hearing, making it excusable for him not to attend. The court also found the Defendant's defense raised triable issues.
Outcome
The judgment is set aside and the case is remanded for further proceedings.
Orders
- Set aside the judgment
- Direct parties to comply with Order 11 within 30 days
Remedies
- Remand for further proceedings
Authorities cited
Cases cited (5)
- Yamko Yadpaz Industries Ltd v Kalka Flowers (2013) KLR
- Shah v Mbogo (1967) EA 116
- Mbogo v Shah (1967) EA 93
- Kanji Naran v Velji Ramji (1954) 21 EACA 20
- Smith v Middleton (1972) SC 30
Loading judgment…