Wamuyu (Suing as the Legal Representative of the Estate of Stephen Mbaruku Kariambaki - Deceased) & 2 others v Gathua (Environment & Land Case 7 of 2021) [2024] KEELC 3507 (KLR) (23 April 2024) (Ruling)

Summary at a glance

Facts

The Defendant, Ndega Gathua, failed to appear in court on the scheduled hearing date of November 8, 2023, due to his advocate's application to cease acting. The Plaintiffs, Eunice Wamuyu, John Maina, and Patrick Kiama, claim that the Defendant was aware of the hearing date and failed to participate.

Issues

• Whether the court should set aside the proceedings and allow the Defendant to defend his suit
• Whether the Defendant should be ordered to pay throwaway costs and comply with procedural requirements

Reasoning

The court agrees with the Plaintiffs that the Defendant had the opportunity to file his defence and participate in the proceedings, but the court is inclined to allow the application under the specified conditions.

Outcome

The application is granted with conditions

Orders

• The Defendant must pay throwaway costs of Kshs. 12,000/= within 30 days
• The Defendant must file and serve his defence within 14 days
• The suit must be set down for hearing within 45 days

Remedies

• Throwaway costs
• Compliance with procedural requirements