Langat v Olakeri-Lolasho Group Ranch & 7 others (Enviromental and Land Originating Summons E001 of 2023) [2026] KEELC 1580 (KLR)
The bottom line
#The Environment and Land Court in Narok set aside ex parte land case proceedings, ruling parties shouldn't suffer for their lawyer's mistakes, but ordered them to pay costs.
What this practically means
#Executive summary
#Key legal issues
#Whether sufficient cause was established to set aside the exparte proceedings of 12th May 2025
Yes. The matter was fixed for hearing before the Defendants complied with Order 11, the Plaintiff also did not pay adjournment fees, and the matter inadvertently proceeded exparte; the Defendants were also not informed of the hearing date by counsel holding brief.
The court examined the record and found the suit was set down for hearing before compliance with Order 11, that on 12th May 2025 the Plaintiff had not paid adjournment fees as directed, and that the failure of counsel holding brief to communicate the hearing date should not be visited on the Defendants, relying on Philip Chemwolo v Augustine Kubende. Guided by Sections 3A and 63(e) of the Civil Procedure Act, the court exercised its discretion in favour of setting aside the exparte proceedings.
Whether leave should issue to file defence/responses out of time
Prayers 2 and 3 were overtaken by events because a Reply had already been filed through the 4th Defendant's affidavit; instead leave was granted to file a Further Affidavit.
The court noted that the Defendants had already responded to the Originating Summons through the Replying Affidavit of the 4th Defendant, Lemerdick Ole Koriata, dated 27th September 2023. Consequently, the prayers seeking to file a defence out of time and adopt it were overtaken by events, and the court instead granted leave to file a Further Affidavit, with corresponding leave to the Plaintiff to file a Supplementary Affidavit if need be.
Whether the Defendants' explanation of lack of audience due to unpaid adjournment fees was plausible
No. The court found the explanation implausible because the Plaintiff too had not paid the adjournment fees yet still appeared, and the court did not deny the Defendants audience.
The court observed from its record that the direction to share adjournment fees made on 25th March 2025 was not complied with by either party, and that the Plaintiffs advocate nonetheless attended court on 12th May 2025, whereupon the matter inadvertently proceeded exparte. The court therefore rejected the Defendants' contention that they lacked audience because adjournment fees had not been paid, holding they should instead have faulted counsel holding brief for failing to communicate the hearing date.
Legal principles established
#- A party should not suffer due to the mistakes of counsel
- The end of justice is served by setting aside exparte proceedings where the matter was inadvertently heard before compliance with court directions
Court orders
#- 1.The exparte proceedings of 12th May 2025 are set aside and the matter to be heard inter-parties
- 2.The Defendants/Applicants to comply with Order 11 of the Civil Procedure Act within 14 days, failing which the orders lapse automatically
- 3.The Defendants/Applicants to pay throw away costs of Kshs 10,000/= to the Plaintiff/Respondent before the next hearing date
- 4.The parties to share and pay the adjournment fees of 25th March 2025 before they can have the audience of the court on the next hearing date
- 5.Leave granted to the Defendants/Applicants to file a Further Affidavit
- 6.The Plaintiff granted correspondence leave to file a Supplementary Affidavit if need be
- 7.Notice of Motion dated 20th June 2025 allowed in terms of prayer No. 4, with costs of the application to the Plaintiff/Respondent
- Jurisdiction invoked
- Sections 1A, 3, 3A and 63(e) of the Civil Procedure Act, Cap 21; Order 51 Rules 1 & 3 and Order 36 Rule 7 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Langat v Olakeri-Lolasho Group Ranch & 7 others (Enviromental and Land Originating Summons E001 of 2023) [2026] KEELC 1580 (KLR)", Case Analysis (2026). Originating Summons dated 1st August 2023 (Narok ELC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1580/eng@2026-03-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.