Dado v Noor & 6 others (Environment and Land Appeal 010 of 2024) [2024] KEELC 6020 (KLR)
The bottom line
#The Environment and Land Court in Isiolo refused to reopen a land case, ruling that deliberately skipping court cannot be fixed by paying costs.
What this practically means
#Executive summary
#Key legal issues
#Whether the ex parte proceedings and subsequent judgment complied with Order 12 Rules 1 and 2 of the Civil Procedure Rules and whether they should be set aside
The application lacked merit; the hearing proceeded in accordance with Order 12 and no satisfactory explanation was given for the plaintiff's non-attendance across multiple dates
The court noted that the plaintiff and his advocate failed to attend on 5/2/2024, 4/3/2024, 12/3/2024 and 8/4/2024 despite knowledge of the hearings. After judgment, nearly a month passed before the application was filed, during which a diligent litigant would have made inquiries at the registry. The discretion to set aside a judgment exists but must be exercised judiciously and with good reason, none of which was shown here.
Whether the plaintiff's non-attendance was excusable, as claimed, due to observance of Ramadhan and incomplete pleadings
The explanation was rejected; the conduct was found deliberate and intended to obstruct or delay justice and not curable by costs
The plaintiff attributed non-attendance to fasting during Ramadhan and to pleadings not having closed, but the court found no denial of knowledge of the hearing dates and no explanation offered on the hearing day itself. The court reasoned that allowing such refusal to be cured by costs would make money, not justice, king in the administration of justice.
Legal principles established
#- Where a hearing proceeds in accordance with Order 12 of the Civil Procedure Rules, the resulting judgment can only be set aside if a satisfactory explanation for non-attendance is rendered
- The court's discretion to set aside its own judgments or orders, though unfettered, must be exercised judiciously and with good reason
- A litigant's deliberate refusal to participate in a hearing cannot simply be cured by an award of costs
Court orders
#- 1.This application is hereby dismissed
- 2.Costs shall follow the event and are awarded to the Defendants/Respondents
- Jurisdiction invoked
- Inherent discretion of the court to set aside its own judgment, together with Order 12 Rules 1 and 2 of the Civil Procedure Rules and the overriding objective of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Dado v Noor & 6 others (Environment and Land Appeal 010 of 2024) [2024] KEELC 6020 (KLR)", Case Analysis (2024). Environment and Land Appeal 010 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6020/eng@2024-09-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.