Richard Barongo Opanga v Sabina Kerubo Ogori & 3 others [2021] KEELC 1321 (KLR)
- Court
- Environment & Land Court
- Case number
- 1321
- Citation
- [2021] KEELC 1321 (KLR)
- Decided
- 26 October 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to set aside ex-parte orders and grant leave to file responseCoramJ.M ONYANGO
Holding
The application is dismissed with costs to the Respondents.
Facts
The Defendants failed to attend court on the scheduled hearing date, leading to an ex-parte judgment in favor of the Plaintiff. The Defendants subsequently filed an application to set aside the ex-parte orders and eviction orders, claiming they were not served with the application for eviction.
Issues
- Whether the ex-parte orders and eviction orders should be set aside
Reasoning
The court declined to exercise its discretion to set aside the ex-parte orders and eviction orders, citing the Defendants' lack of diligence in prosecuting their defense and the overtaking of events.
Outcome
Dismissed
Orders
- Application dismissed
Remedies
- Costs to the Respondents
Authorities cited
Cases cited (2)
- Stephen Wanyee Roki v K-Rep Bank Limited & 2 Others [2018] eKLR
- Patel v E.A. Cargo Handling Services Limited (1974) E.A. 75
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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