Nahashon Ochieng Onyango v Sokoro Fibre Boards Ltd [2005] KEHC 766 (KLR)
- Court
- High Court of Kenya
- Case number
- 766
- Citation
- [2005] KEHC 766 (KLR)
- Decided
- 18 November 2005
The ex parte judgment is irregular and must be set aside ex debito justitiae due to defective service of summons.
Facts
The appellant, Nahashon Ochieng Onyango, claimed that he was the rightful owner of a parcel of land in Elburgon town, but the respondent, Sokoro Fibre Boards Ltd, had occupied it. The appellant had not been served with summons to enter appearance and had not filed a memorandum of appearance and defence.
Issues
- Appellant was not served with summons to enter appearance.
- Process server was not an authorised officer of the respondent.
- Appellant's proposed defence did not show he was the registered owner of the suit premises.
- Appellant had occupied the suit land for over 30 years.
Reasoning
The appellant was not properly served with summons to enter appearance, and the process server was not an authorised officer of the respondent. The appellant's proposed defence did not show he was the registered owner of the suit premises.
Outcome
Appeal allowed, ex parte judgment set aside, appellant's defence to be filed within 15 days.
Orders
- Ex parte judgment set aside.
- Appellant's defence to be filed within 15 days.
- Suit to be heard before a court of competent jurisdiction.
Remedies
- Appellant's defence to be filed within 15 days.
- Suit to be heard before a court of competent jurisdiction.
Authorities cited
Cases cited (1)
- GANDHI BROTHERS VS H. K. NJAGE T/A H. K. ENTERPRISES Milimani Commercial Courts at Nairobi, HCCC No. 1330 of 2001 (unreported)
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