Magdalene Wambui MbuguaMuhia & 2 others v Charles King Kigwe & 3 others [2021] KEELC 1783 (KLR)
- Court
- Environment & Land Court
- Case number
- 1783
- Citation
- [2021] KEELC 1783 (KLR)
- Decided
- 30 September 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureApplication to set aside ex parte judgment and seek leave to defendCoramL. GACHERU
Holding
The application is dismissed with costs, as the applicants have not met the threshold to warrant the court to exercise its discretion in their favor.
Facts
The applicants sought to set aside an ex parte judgment and seek leave to defend the suit, claiming they were not served with pleadings and had an arguable defense. The respondents opposed the application, arguing the applicants had not shown prejudice and had not explained the delay in filing the application.
Issues
- Setting aside ex parte judgment
- Granting leave to defend
- Reverting ownership of land
Reasoning
The court found the applicants had not shown sufficient cause for the delay in filing the application and had not attached a draft defense. The judgment was regular, and there were no triable issues raised.
Outcome
Application dismissed
Orders
- Application dismissed with costs
Authorities cited
Legislation (2)
- Article 159 of the Constitution
- Civil Procedure Act
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.
Loading judgment…