Joseph M’Rukiri v Thangicia M’Imunya [2021] KEHC 4333 (KLR)
- Court
- High Court of Kenya
- Case number
- 4333
- Citation
- [2021] KEHC 4333 (KLR)
- Decided
- 24 August 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment that was delivered ex parte and set aside on appealCoramM’Inoti
Holding
The ex parte judgment is set aside, and the appeal is heard de novo
Facts
The Appellant and Respondent entered into a lease agreement, after which the Respondent filed a claim for Ksh 58,000 for repossessing the land. The Appellant appealed the judgment, and the Respondent applied for review of the ex parte judgment.
Issues
- Service of hearing notices and submissions
- Right to be heard in an appeal
Reasoning
The Court found that the Respondent was not served with hearing notices and submissions, which is a procedural irregularity that warrants setting aside the judgment.
Outcome
The ex parte judgment is set aside and the appeal is heard de novo
Orders
- Set aside the ex parte judgment
- Allow the appeal to be heard de novo
- Fix a date for directions on the re-hearing of the appeal
- Costs of the application shall abide the outcome of the appeal
Remedies
- Set aside the ex parte judgment
- Allow the appeal to be heard de novo
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
Cases cited (2)
- Meru Misc Civil Application No. E007 of 2021 Purity Kagendo Anampiu & Another vs Nellie Mugambi & Another
- James Kanyiita Nderitu & another v Marios Philotas Ghikas & Another Civil Appeal No. 6 of 2015 (2016) eKLR
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.
Loading judgment…