James Gichuhi Mutero & another v Lolldaiga Country Homes and Golf Resort Ltd and Directors of Lolldaiga Country Homes and Golf Resort Limited; Amos Gichuku Ngonjo & 2 others (Interested parties) [2021] KEELC 1217 (KLR)
- Court
- Environment & Land Court
- Case number
- 1217
- Citation
- [2021] KEELC 1217 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for setting aside ex-parte judgment and notice to show causeCoramBC Harris, Harris, Kneller
Holding
The application is dismissed with costs.
Facts
The Plaintiffs, James Gichuhi Mutero and Joan Wairimu Mutero, instituted a suit against Lolldaiga Country Homes and Golf Resort Limited and its Directors. The suit was against the company and its directors in their personal capacity. The Plaintiffs were also the directors of the company.
Issues
- Whether the Applicants are parties to the suit
- Whether the notice to show cause and warrants of arrest are unlawful
- Whether the suit against the Interested Parties/Applicants is unlawful and grossly defective
Reasoning
The court finds it curious that the Applicants now claim not to have been parties to the suit. The Plaintiffs, who are the directors of the company, fully participated in the proceedings leading to the impugned judgment. The court declines to exercise its discretion to set aside the judgment as the application is an attempt to evade, obstruct, or delay the cause of justice.
Outcome
Application dismissed
Orders
- The notice to show cause against the Applicants herein and any consequential orders following therefrom are set aside and the matter is set down for hearing inter partes.
- The Judgement and decree herein and any consequential orders flowing therefrom against the Interested Parties/Applicants are set aside and the matter is set down for hearing inter partes.
- The costs of this application are borne by the Respondents/Plaintiffs.
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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