Njuguna v Ngetich (Environment and Land Case 43 of 2020) [2025] KEELC 6307 (KLR)
The bottom line
#The Environment and Land Court in Nakuru dismissed a bid to overturn a two-year-old ex-parte judgment because the applicant gave no evidence supporting his excuse for missing court.
What this practically means
#Executive summary
#Key legal issues
#Whether the Applicant satisfied the grounds for review under Order 45 Rule 1(1) of the Civil Procedure Rules and/or setting aside under Order 12 Rule 7
The Applicant failed to establish discovery of new and important matter, error apparent on the face of the record, or any other sufficient reason, and produced no evidence of illness at the time of judgment.
The court reiterated that review lies on discovery of new and important matter or evidence not within the Applicant's knowledge despite due diligence, an error apparent on the face of the record, or any other sufficient reason. Although judgment was delivered in the Applicant's absence, he adduced no evidence of illness; the Respondent's averment that the hospital records showed he was unwell in March 2023, well before the April 2023 judgment, was unrebutted. The discretion to set aside exists to avoid injustice, not to assist a party who obstructs or delays the course of justice.
Legal principles established
#- A party seeking to set aside an ex-parte judgment must show that non-attendance was not deliberate but occasioned by a reasonable excuse or omission; the court's discretion is exercised to avoid injustice, not to reward delay or obstruction.
Court orders
#- 1.The Notice of Application dated 15th May, 2025 is dismissed
- 2.Costs of the application to the Respondent
- Jurisdiction invoked
- Order 45 Rule 1(1) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Njuguna v Ngetich (Environment and Land Case 43 of 2020) [2025] KEELC 6307 (KLR)", Case Analysis (2025). Not stated in the judgment (Notice of Application dated 15th May, 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6307/eng@2025-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.