Onga & 26 others v Mbukoni Holdings Limited & 2 others (Environment & Land Case 208 of 2011) [2022] KEELC 14828 (KLR) (15 November 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 14828
- Citation
- [2022] KEELC 14828 (KLR)
- Decided
- 15 November 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a judgment and orders of the Environment and Land CourtCoramCA OCHIENG, KARAMA IBRAHIM FARA
Holding
The judgment and orders issued on February 16, 2022, shall not be set aside and the defendant's defense and counter-claim shall not be reopened.
Facts
The plaintiffs (plaintiffs) are seeking to set aside a judgment and orders issued on February 16, 2022, against the 2nd defendant (defendant), who is seeking to reopen her defense and counter-claim.
Issues
- Whether the judgment and orders issued on February 16, 2022, should be set aside and the defendant granted leave to reopen her defense and counter-claim.
- Whether the defendant's failure to attend court on October 6, 2021, constitutes sufficient cause to set aside the judgment.
Reasoning
The court found that the defendant did not demonstrate sufficient cause to set aside the judgment and that her failure to attend court was not excusable.
Outcome
The appeal is dismissed.
Orders
- The judgment and orders issued on February 16, 2022, shall not be set aside.
- The defendant's defense and counter-claim shall not be reopened.
Authorities cited
Cases cited (4)
- Wachira Karani v Bildad Wachira (2016) eKLR
- Shailesh Patel t/a Energy Company of Africa v Kessels Engineering Works Pvt Limited & 2 others (2014) eKLR
- Samson Karino Ole Nampasa v Kaana Ka Arume Co Ltd (2016) eKLR
- Machira t/a Machira & Co Advocates v East Africa Standard (No 2) (2002) KLR 63
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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