Elijah Gatehi Ndirangu v Eustace Gitonga Warutere [2012] KEHC 1998 (KLR)
- Court
- High Court of Kenya
- Case number
- 1998
- Citation
- [2012] KEHC 1998 (KLR)
- Decided
- 12 October 2012
The Defendant was not duly and personally served with hearing notice for 1st November 2010, and the case shall proceed to hearing in the normal course of events.
Facts
The Defendant did not attend the hearing on 1st November 2010, and the Plaintiff claimed success in the claim. The Defendant filed a notice of motion seeking to set aside the ex parte judgment and decree and proceed to hearing inter partes.
Issues
- Whether the Defendant was duly and personally served with hearing notice for 1st November 2010
- Whether the Defendant had a defence to the claim
Reasoning
The court found that there was no clear evidence that the Defendant was duly served with hearing notice for 1st November 2010, and the trial judge did not investigate this issue.
Outcome
The Defendant’s notice of motion dated 16th June 2011 was allowed, and the proceedings of 1st November 2010 and the judgment (and decree) entered on 14th December 2010 were set aside.
Orders
- The case shall proceed to hearing in the normal course of events
Remedies
- Costs of the application shall be in the cause
Authorities cited
Legislation (1)
- Civil Procedure Rules
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