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ELCDismissedNot stated in the judgment as provided· [2026] KEELC 3116 (KLR)
Gerard & another (Suing as the Legal Administrators of the Estate of Suzanne Claire Droulih - Deceased) v Blissful Residences Investment Ltd (Environment and Land Case E236 of 2025) [2026] KEELC 3116 (KLR)
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·~6 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This was a ruling on the defendant's notice of motion dated 15th September 2025, brought under Order 10 rule 11, Order 19 rule 2, Order 22 rules 6 and 22 and sections 1A, 1B, 3A, 63(e) and 80 of the Civil Procedure Act, seeking to set aside or vary ex parte orders issued on 29th May 2025 and a temporary stay of execution. The defendant, through its director Jingjing Qu, explained that he was undergoing medical treatment in the Republic of China when the plaintiff's application of 23rd April 2025 was heard, and that the company only became aware of the proceedings on 29th May 2025, when its advocates promptly came on record. The ex parte orders had granted injunctive relief and directed maintenance of status quo over LR No. 2/308 (formerly LR No. 2/222), Kilimani, Nairobi. The plaintiff, though granted an extension to respond on grounds of illness, filed no response or submissions, leaving the defendant's explanation substantially uncontroverted. Mohammed N. Kullow, J, framed a single issue: whether the threshold for setting aside or varying the ex parte orders had been met. Applying CMC Holdings Ltd v Nzioki and Branco Arabe Espanol v Bank of Uganda, the court acknowledged the wide but judicious discretion to set aside ex parte orders. However, it held the orders were preservatory, designed to preserve the substratum of the dispute pending full hearing. The court declined to set them aside, ordered that the status quo remain in force, directed compliance with pre-trial requirements and hearing within sixty days, and ordered that costs of the application abide the outcome of the suit.
Key legal issues
#01
Whether the threshold for setting aside ex parte orders issued on 29th May 2025 was met
Holding
The application was refused; the court preserved the ex parte status quo orders as preservatory of the suit property pending full hearing
Reasoning
The court accepted that the explanation for non-participation (the director's medical treatment in China and late awareness of proceedings) was substantially uncontroverted since the plaintiff filed no response. However, it found the orders of 29th May 2025 were preservatory in nature, intended to preserve the substratum of the dispute pending full hearing, and concluded the interests of justice were best served by maintaining them and fast-tracking the hearing.
p. 3
Legal principles established
#- The court has wide powers to set aside ex parte orders, exercisable on terms that are just
- Discretion to set aside ex parte orders must be exercised judiciously and upon reasons, to avert injustice from excusable mistake
Court orders
#- 1.The status quo obtaining pursuant to the orders issued on 29th May 2025 shall remain in force pending hearing and determination of the suit
- 2.The parties to comply with all pre-trial requirements and set down the suit for hearing within sixty (60) days from the date of the ruling
- 3.Costs of the application to abide the outcome of the suit
- Jurisdiction invoked
- Order 10 rule 11, Order 19 rule 2, Order 22 rules 6 and 22, sections 1A, 1B, 3A, 63(e) and 80 of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gerard & another (Suing as the Legal Administrators of the Estate of Suzanne Claire Droulih - Deceased) v Blissful Residences Investment Ltd (Environment and Land Case E236 of 2025) [2026] KEELC 3116 (KLR)", Case Analysis (2026). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3116/eng@2026-05-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.