Waweru v Waweru & 2 others (Environment & Land Case E116B of 2022) [2024] KEELC 1069 (KLR) (26 February 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 1069
- Citation
- [2024] KEELC 1069 (KLR)
- Decided
- 26 February 2024
Summary at a glance
The court set aside the exparte hearing proceedings and granted the defendants leave to file and serve a defence within 14 days.
Facts
The plaintiff, JACINTA GATHONI WAWERU, filed a suit against her brother, PAUL KUNGU WAWERU, and his children, ESTHER MUGURE KIBOI and ISAAC NJUGUNA KIBOI, seeking injunctive orders. The defendants claimed they were unaware of the suit until 30/8/2023, but the court record showed the plaintiff had published a notice in the Standard Newspaper on 24/12/2022.
Issues
- Whether the defendants met the criteria to set aside exparte proceedings and for leave to file defence
- Whether the defendants were aware of the suit
Reasoning
The court found that the defendants were not aware of the suit until 30/8/2023, despite the plaintiff's efforts to serve them. The court exercised discretion to set aside the exparte hearing and grant leave to file a defence.
Outcome
The defendants were granted leave to file and serve a defence within 14 days.
Orders
- Set aside the exparte hearing proceedings
- Grant leave to file and serve a defence within 14 days
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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