Kungu & 17 others v Lesedi Developers Limited & 4 others (Environment & Land Case E049 of 2023) [2025] KEELC 1249 (KLR)
The bottom line
#The Environment and Land Court in Thika dismissed landowners' bid to undo status quo orders because they never explained why they skipped the earlier hearing.
What this practically means
#Executive summary
#Key legal issues
#Whether the 3rd, 4th and 5th Defendants made out a case for review, variation or setting aside the ex parte status quo orders of 27th July 2023
The application was dismissed as the Applicants neither explained their non-attendance and failure to respond nor met the Order 45 threshold
The court distinguished Order 10 Rule 11 (which applies to judgments, not orders) and identified Order 51 Rule 15 as the relevant provision. Applying Order 45 rule 1 and the principles in Shah v Mbogo, Richard Nchapi Leiyagu and Philip Ongom, the court found the Applicants gave no sufficient cause for their absence on 27th July 2023, blaming only their former advocates, and produced no new matter or error apparent on the record justifying review.
Legal principles established
#- In setting aside ex parte orders, the court must be satisfied either that the respondent was not properly served or that absence was due to sufficient cause
- The discretion to set aside ex parte orders exists to avoid injustice from inadvertence or excusable mistake, not to assist those who deliberately obstruct or delay the course of justice
- Review jurisdiction under Order 45 rule 1 is exercised on settled criteria: new and important matter, error apparent on the face of the record, or other sufficient reason, applied for without unreasonable delay
Court orders
#- 1.The Application dated 18th December 2023 is dismissed
- 2.The 3rd, 4th and 5th Defendants shall bear the costs of the application
- Jurisdiction invoked
- Sections 1A and 1B of the Civil Procedure Act and Order 45 of the Civil Procedure Rules, 2010 (review), and Order 51 Rule 15 (setting aside ex parte orders)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kungu & 17 others v Lesedi Developers Limited & 4 others (Environment & Land Case E049 of 2023) [2025] KEELC 1249 (KLR)", Case Analysis (2025). Notice of Motion dated 18th December 2023 (suit over land parcels Kiambu/Munyu/8621, 8622, 8675). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1249/eng@2025-03-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.