Ituangu v Abdulrahim & 7 others; Gulam & another (Intended Interested Party) (Environment & Land Case 206 of 2017) [2022] KEELC 3855 (KLR) (21 June 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 3855
- Citation
- [2022] KEELC 3855 (KLR)
- Decided
- 21 June 2022
The court set aside the ex parte judgment and ordered the costs of the application to be provided for.
Facts
The applicants were unaware of the case until October 21, 2021, and learned of it through an advertisement in the Standard Newspaper. They were instructed to enter appearance and defend their interests, but there was a delay in service of pleadings. The applicants also stated that an application for issuance of a duplicate title deed was made but a new title deed in favor of the plaintiff was issued on July 4, 2016.
Issues
- Whether the applicants have met the threshold for setting aside or varying the judgment dated March 28, 2019
- Whether the applicants were aware of the case and the judgment in time to file an application for setting aside or varying the judgment
Reasoning
The court exercised its discretionary power to set aside the ex parte judgment due to the applicants' lack of awareness of the case and the judgment in time to file an application for setting aside or varying the judgment. The court held that the applicants were not aware of the case until October 21, 2021, and there was a delay in service of pleadings.
Outcome
The ex parte judgment was set aside.
Orders
- That this Honourable Court be pleased to set aside and/or vary its judgment of 28th March, 2019, pending the hearing and determination of this Application.
- That the costs of this application be provided for.
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (4)
- Patel -v- E.A. Handling Services Ltd (1974) EZ 75
- Tree Shade Motor Ltd -v- D.T. Dobie Co. Ltd CA 38 of 1998
- Mania -v-Muriuki (1984) KLR 407
- Kenya Commercial Bank Limited vs. Nyatenge & Another (1990) KLR 443
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