Kalewa Kimeu Masaka & another v Kathanzu Ngunzi & 2 others [2020] KEELC 3777 (KLR)
- Court
- Environment & Land Court
- Case number
- 3777
- Citation
- [2020] KEELC 3777 (KLR)
- Decided
- 31 January 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a judgment dismissing the application to set aside the proceedings and grant leave to file Defence and Counter-claim out of time.CoramO.A. ANGOTE
Holding
The Application is dismissed with costs as the Defendants' draft Defence and Counter-claim are found to be a mere sham and they deliberately obstructed the cause of justice.
Facts
The Plaintiffs filed a suit alleging that the Defendants trespassed on their land. The Defendants admitted service of Summons but claimed they did not file a Defence due to an inadvertent mistake. The Plaintiffs served the Defendants with hearing and mention notices at their home.
Issues
- Whether the Defendants were properly served with the hearing and mention notices.
- Whether the Defendants' draft Defence and Counter-claim are valid and should be granted leave to file out of time.
Reasoning
The Defendants were served with the hearing notices at their home, and their draft Defence and Counter-claim are not supported by evidence. The court exercised its discretion to avoid injustice and did not grant leave to file out of time.
Outcome
Application dismissed with costs
Orders
- Interlocutory Judgment
- Final Judgment
- Consequential orders issued herein set aside
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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