Mohammed Adan Issak & another v Chris Ndolo Mutuku [2021] KEELC 2961 (KLR)
- Court
- Environment & Land Court
- Case number
- 2961
- Citation
- [2021] KEELC 2961 (KLR)
- Decided
- 10 June 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a ruling and orders of Hon. P. N. GesoraCoramL. KOMINGOI
Holding
The appeal is allowed, the ruling and orders of Hon. P. N. Gesora are set aside, the application dated 10th May 2019 is allowed and the suit is heard afresh.
Facts
The appellants filed defences dated 17th March 2016 but the trial magistrate entered judgment ex parte on 4th April 2019. The appellants were not given an opportunity to be heard.
Issues
- Whether the appellants’ defences were filed.
- Whether the trial court violated the appellants’ right to a fair hearing and right to property.
- Whether the learned trial magistrate erred in law and fact by not setting aside the judgment.
- Whether the application dated 10th May 2019 should be allowed and the suit heard afresh.
- Whether the learned trial magistrate erred in law and fact by holding the appellants’ director personally liable.
Reasoning
The court finds that the appellants have good defences and should be heard on their merits. The learned trial magistrate erred by not setting aside the ex parte judgment and by not considering the appellants' circumstances.
Outcome
Appeal allowed
Orders
- The ruling and orders of Hon. P. N. Gesora dated 26th August 2019 are set aside.
- The application dated 10th May 2019 is allowed and the suit is heard afresh.
- Costs of the appeal are to be borne by the appellants.
Remedies
- To be heard on their merits.
- To be heard afresh before the Chief Magistrates Court.
Authorities cited
Cases cited (2)
- Richard Ncharpi Leiyagu vs IEBC & 2 Others [2013] eKLR
- Nguruman Ltd vs Jan Bonde Nielsen & 2 Others [2013] eKLR
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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