B M O v V C M [2018] KEHC 6427 (KLR)

Facts

The Respondent filed a suit against the Appellant alleging a customary marriage, seeking dissolution of the marriage, and conservatory orders over certain properties and a plot. The Appellant denied the allegations and claimed that some of the properties were not matrimonial.

Issues

1. Whether the Chief Magistrate's Court erred in failing to set aside an ex-parte judgment against the Appellant
2. Whether the Appellant's counsel's failure to inform the Appellant of the hearing date was a deliberate attempt to aid the Appellant's client

Reasoning

The court found that the Appellant's counsel's failure to inform the Appellant of the hearing date was an inadvertent mistake and that the Appellant should have been given the benefit of doubt. The court also noted the nature of the dispute and the need for a fresh hearing.

Outcome

The appeal is successful, the ex-parte judgment is set aside, and the matter is remanded for a fresh hearing.

Authorities cited