Stanley Muturi Gatheri v Naomi Wanjiku Muiruri [2018] KEELC 2029 (KLR)

Summary at a glance

Facts

The Plaintiff/Applicant filed a motion seeking to set aside an interlocutory judgment and an ex parte judgment, consolidate the case with another, and vacate the suit land. The Plaintiff claimed she was never served with the pleadings and that her late husband acquired the suit land from the original owner. The Defendant/Respondent argued that the Plaintiff was served and that she had a valid defense.

Issues

• Whether the service of summons was effected
• Whether the applicant's defense has triable issues
• Whether the court should set aside the interlocutory judgment and the ex parte judgment
• Whether this suit should be consolidated with ELC 438 of 2017 - Muranga
• Costs of the application

Reasoning

The court finds the Plaintiff has a valid defense and grants the application in the interest of justice, as the Defendant will be given the opportunity to be heard. The court also consolidates the two suits due to the common question of law and fact.

Outcome

The application is granted, and the judgment is set aside.

Orders

• The application dated 1/3/18 be and is hereby allowed
• The judgement delivered on the 14/12/17 and all the consequent orders thereto be and are hereby set aside
• That Defendant is granted leave to file and serve her defense within the next 14 days from the date of this ruling
• Corresponding leave is granted to the Plaintiff to file and serve his reply to the defense within 14 days upon service
• ELC 304 of 2017 and ELC 438 of 2017 be and are hereby consolidated
• Costs of the application shall be met by the Applicant

Remedies

• Set aside the judgment delivered on 14/12/17
• Grant leave to file and serve defense
• Consolidate the two suits
• Costs of the application met by the Applicant

Authorities cited