Nduruhu & another v Okeja & another (Environment and Land Case Civil Suit 235 of 2011) [2024] KEELC 6375 (KLR)
The bottom line
#Kenya's Environment and Land Court refused to undo a judgment against a defendant who repeatedly skipped hearings and squandered his chances to be heard.
What this practically means
#Executive summary
#Key legal issues
#Whether the ex-parte judgment of 13.7.2023 should be set aside
The judgment was procedural; the 1st Defendant had been given ample opportunity to be heard, including a prior compromised set-aside application, a consented last adjournment, and counsel's appearance at judgment seeking 30 days' stay, and no sufficient cause was shown to set it aside.
The court traced the record: the 1st Defendant was represented, filed a defence, failed to appear at the 21.9.2021 hearing, obtained a set-aside on payment of throwaway costs, was granted a consented adjournment marked as last, and again failed to appear on 5.6.2023. At judgment delivery his counsel appeared and sought 30 days' stay. He therefore drove himself from the seat of justice and the judgment was regular.
Whether stay of execution and temporary injunction should issue
Both prayers are spent and unmerited since the judgment was not set aside; the application was dismissed with costs.
Having declined to set aside the judgment, the court found that the consequential prayers for stay of execution and temporary injunction restraining the Plaintiffs from attaching the 1st Defendant's goods fell away. The application dated 20.2.2024 was accordingly found unmerited and dismissed with costs to the Plaintiffs.
Legal principles established
#- A party is only entitled to a reasonable opportunity to be heard; the right to be heard does not avail a party who squanders the opportunities given
Court orders
#- 1.The application dated 20.2.2024 is dismissed with costs to the Plaintiffs
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over the suit and the 1st Defendant's Notice of Motion dated 20.2.2024 (provisions not stated in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nduruhu & another v Okeja & another (Environment and Land Case Civil Suit 235 of 2011) [2024] KEELC 6375 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6375/eng@2024-09-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.