Anthony Kiprop (suing as the legal representative of the Estate of Luka Kiprop Kiptai) v Sylvester Chemweno Sang & 2 others [2020] KEELC 2269 (KLR)
- Court
- Environment & Land Court
- Case number
- 2269
- Citation
- [2020] KEELC 2269 (KLR)
- Decided
- 26 May 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to set aside ex parte proceedingsCoramM. A. ODENY
Holding
The court finds that the hearing notice was properly served but orders that the 1st defendant be given an opportunity to cross-examine the plaintiff and present his case. The applicant will pay thrown away costs of Kshs. 20,000/ to the plaintiff within 14 days, and costs of the application shall be in the cause.
Facts
The 1st defendant was absent from the scheduled hearing on 16th April 2020 due to not being served with a hearing notice, and the plaintiff filed an application to set aside the proceedings.
Issues
- Whether there is sufficient reason for non-attendance
- Whether there was unreasonable delay in filing the application
- Whether there will be any prejudice
Reasoning
The court exercised its discretion to set aside the ex parte proceedings due to the proper service of the hearing notice, but granted the defendant an opportunity to present his case.
Outcome
The application is granted with conditions.
Orders
- The 1st defendant is given an opportunity to cross-examine the plaintiff and present his case.
- The applicant pays thrown away costs of Kshs. 20,000/ to the plaintiff within 14 days.
- Costs of the application shall be in the cause.
Remedies
- Opportunity for the 1st defendant to present his case.
- Payment of thrown away costs by the applicant.
Authorities cited
Cases cited (1)
- Muthaiga Road Trust Company Ltd...Vs...Five Continents Stationers Ltd & 25 Others (2003) KLR 714
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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