Edward Ngera Mwangi & another v Veronicah Ndida Kimende [2021] KEHC 2429 (KLR)

Facts

The applicant, an advocate, was engaged by the respondents in a real estate transaction involving a plot of land. The transaction was not completed, and the respondents demanded a refund. The applicant was found guilty of professional negligence by the Advocates Disciplinary Committee. The respondents filed a suit for judgment, and the applicant failed to enter appearance and defense. Interlocutory judgment was entered, and the applicant filed applications seeking to set aside or review the judgment and to have the application for leave to file defense out of time heard.

Issues

1. Whether the applicant should be granted leave to file her defense out of time
2. Whether the interim orders should be reinstated

Reasoning

The court found that the applicant had not sufficiently explained the delay in prosecuting the application for leave to file defense out of time and that the delay was inordinate. The court also noted that the applicant had an advocate on record and that the issue of negligence should be addressed between the applicant and her advocates.

Outcome

Appeal dismissed

Authorities cited