John Nganga Kibe v Rebecca Muthoni Kiama & another [2018] KEELC 3985 (KLR)
- Court
- Environment & Land Court
- Case number
- 3985
- Citation
- [2018] KEELC 3985 (KLR)
- Decided
- 13 March 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication to set aside ex-parte ordersCoramB M EBOSO
Holding
The application is allowed in terms of prayer 2. Costs shall be in the cause.
Facts
The plaintiff purchased a property from the 2nd defendant, who he believed had an authentic power of attorney from the 1st defendant. The 1st defendant later presented a Notice of Motion seeking to set aside ex-parte orders obtained on 17/10/2017.
Issues
- Whether the plaintiff has satisfied the criteria for setting aside ex-parte orders
Reasoning
The plaintiff was not served with the application which culminated in the issuance of the ex-parte orders. The ex-parte orders are rendered irregular and cannot remain in force.
Outcome
The 1st defendant's Notice of Motion dated 26/2/2018 is allowed in terms of prayer 2.
Orders
- The 1st defendant's Notice of Motion dated 26/2/2018 is allowed in terms of prayer 2.
Remedies
- Costs shall be in the cause.
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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