Valentine Omollo Ongeso v Kennedy Ondenge [2021] KEELC 2113 (KLR)
- Court
- Environment & Land Court
- Case number
- 2113
- Citation
- [2021] KEELC 2113 (KLR)
Summary at a glance
TypeAdverse PossessionPostureAppeal from the original trial outcomeCoramANTONY OMBWAYO
The application for setting aside the judgment is dismissed with costs.
Facts
The defendant did not attend court on the hearing date and filed an application for the setting aside of the judgment. The defendant's counsel claimed hardship due to the court clerk's failure to place the matter aside and the court clerk's collaboration with the secretary.
Issues
- Defendant's counsel's attendance at court
- Court clerk's failure to place the matter aside
- Defendant's claim for adverse possession
Reasoning
The court found that the defendant's counsel did not demonstrate hardship in attending court on the scheduled date. The court also found that the defendant's counsel sent a clerk to place the matter aside instead of attending court, which was not authorized.
Outcome
Defendant's claim on adverse possession dismissed
Orders
- Application for setting aside the judgment dismissed
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