Kamunyi v Macharia & another [1990] KEHC 75 (KLR)
- Court
- High Court of Kenya
- Case number
- 75
- Citation
- [1990] KEHC 75 (KLR)
- Decided
- 19 June 1990
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeApplication to Vacate InjunctionPostureApplication filed by the applicant to vacate an ex parte injunction orderCoramS.E.O. BOSIRE
Holding
The application is dismissed as there is no justifiable ground advanced to explain the failure on the part of the applicants' representation on 3rd May 1990.
Facts
The applicant (defendants) filed a Chamber Summons on 20th April, 1990, praying for an order vacating an ex parte injunction order made on 8th May 1990. The defendants did not appear in court due to non-attendance and lack of explanation.
Issues
- Whether the defendants' non-attendance and lack of explanation justifies setting aside the ex parte injunction order
- Whether the defendants' illness and the absence of the case on the Cause List are valid reasons for non-attendance
Reasoning
The defendants' excuse of the case being absent on the Cause List and the absence of Mr. Githuka due to illness is not a valid reason as the defendants did not provide a timely explanation and the excuse is an afterthought.
Outcome
Application dismissed
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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