MOHAMMED ABDUL ADAN v ARDO MOHAMMED [2012] KEHC 1881 (KLR)

Facts

The appellant sued the respondent for a permanent injunction to restrain the respondent from interfering with the appellant's plot. The suit was dismissed for want of prosecution, and the appellant obtained an ex parte injunction. The appellant then filed an application to set aside the dismissal orders and reinstate the suit for hearing on merits, which was dismissed.

Issues

1. Whether the trial court erred in dismissing the appellant's application to set aside the dismissal orders
2. Whether the trial court erred in finding that the appellant's application was not properly brought
3. Whether the trial court erred in finding that the appellant was not properly served with the application dated 21/03/2006

Reasoning

The court found that the trial court erred in dismissing the appellant's application to set aside the dismissal orders, as the appellant had no good grounds for the same. The court also found that the trial court erred in finding that the appellant's application was not properly brought, as it was not brought under express provisions of law. The court found that the service of the application by registered post was not proper service.

Outcome

Appeal allowed

Authorities cited