M’RUKUNGA M’MBOROKI v JUSTUS M’INOTI M’MWAMBA & Another [2011] KEHC 831 (KLR)
- Court
- High Court of Kenya
- Case number
- 831
- Citation
- [2011] KEHC 831 (KLR)
- Decided
- 3 November 2011
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to set aside ex-parte judgmentCoramJ. A. Makaau
Holding
The application to set aside the ex-parte judgment is dismissed with costs to the plaintiff and 2nd defendant.
Facts
The plaintiff filed a suit against the 1st defendant and the Attorney General for a declaration that the transfer of land parcel NYAKI/THUURA/1911 to the 1st defendant was illegal and null and void. The 1st defendant had appeared but did not file a defence. The court entered an interlocutory judgment in favor of the plaintiff.
Issues
- Whether the 1st defendant has a valid defence to the ex-parte judgment
- Whether there is prejudice to the 1st defendant in setting aside the judgment
- Whether the delay in filing the defence is excusable
Reasoning
The court found no valid defence on record and no disclosure of the intended defence. The court also found no prejudice in the ex-parte judgment and that the delay in filing the defence was unexplained.
Outcome
Application dismissed
Orders
- That the Honourable Court do certify the application urgent and direct that same be heard on priority basis.
- That the Honourable court do set aside the interlocutory judgment and final judgment entered against the 1 st defendant herein and all consequential orders thereto.
- That the Honourable court be pleased to grant the 1st defendant unconditional leave to defend the court.
- That the Honourable court do issue an order of inhibition against LR.NYAKI/THUURA/1911 currently registered in the names of the plaintiff until further orders of the Honourable court.
- That the Honourable court be pleased to issue such other or better orders as may meet the ends of justice.
Authorities cited
Cases cited (5)
- Article 159(2) of the Constitution
- Order 10 Rule 11 of Civil Procedure Rules
- Order 51 Rule 10(1) and (2) of Civil Procedure Rules
- Shah v Mbogo and Another (1967) EA.116
- Patel v Cargo Handling Services Ltd (1974) 75
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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