Rodgers Mundu Munga v Patrick Chishenga Munga & 2 others [2020] KEELC 3014 (KLR)
- Court
- Environment & Land Court
- Case number
- 3014
- Citation
- [2020] KEELC 3014 (KLR)
- Decided
- 29 April 2020
Summary at a glance
TypeCivilPostureApplication for review of an order expunging a defendant's statementCoramJ.O. OLOLA
The application is dismissed with costs to the plaintiff.
Facts
The defendants failed to file their statements within the 14-day period granted by the Deputy Registrar, leading to the expungement of their statements. The defendants now seek to have the order reviewed.
Issues
- Whether the defendants' failure to file their statements within the 14-day period was due to a new and important matter or evidence
- Whether the expungement of the defendants' statements was a mistake or error on the face of the record
- Whether the defendants' application is made in the interest of justice
Reasoning
The Court found no new or important matter or evidence that the defendants have since discovered, and the expungement of the defendants' statements was not a mistake or error on the face of the record. The defendants' application is dismissed as it was not made without undue delay and there was no sufficient reason for the application.
Outcome
Application dismissed
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