Koskei v Koskei (Environment and Land Appeal E006 of 2025) [2026] KEELC 752 (KLR) (12 February 2026) (Judgment)
- Court
- Environment & Land Court
- Case number
- 752
- Citation
- [2026] KEELC 752 (KLR)
- Decided
- 12 February 2026
The court held that the appellant was indolent in his conduct of the matter and dismissed the application. The court also held that the delay experienced was inordinate and unexplained, and that the appellant did not meet the test to be excused.
Facts
The appellant sought to set aside an ex parte judgment and decree, and to be granted unconditional leave to ventilate his defense. The appellant claimed he missed his defense hearing due to his advocate's indisposition and the failure to return the file to his counsel.
Issues
- Whether the trial court erred in holding that the appellant was indolent in his conduct of the matter.
- Whether the trial court erred in holding that the delay experienced was inordinate and unexplained.
- Whether the trial court erred in dismissing the application dated 26th September 2024.
- Who should bear costs of the appeal.
Reasoning
The court found the appellant indolent for failing to attend the hearing despite being aware of the hearing dates and participating in pre-trial conferences. The court also found the delay to be inordinate and unexplained, and that the appellant did not provide a credible excuse.
Outcome
Appeal dismissed
Orders
- The court dismissed the appellant's application to set aside the ex parte judgment and decree.
- The court dismissed the appellant's application for unconditional leave to ventilate his defense.
Authorities cited
Cases cited (4)
- Court of Appeal at Nairobi Civil Appeal No 27 0f 1982
- Ivita vs Kyumbu 9 1984) KLR 441
- Bi-Mach Engineers Ltd vs James Kahoro Mwangi ( 2011) eklr
- Tana & Athi Rivers Development Authority vs Jer
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