Mary Njeri Gikonyo v Orient Sacco Society Limited [2019] KEELRC 673 (KLR)
The bottom line
#A Kenyan court refused to reverse judgments won by default, ruling that blaming your lawyer and doing nothing to follow your own case is not enough.
What this practically means
#Executive summary
#Key legal issues
#Whether the ex parte judgments should be set aside on grounds of natural justice
No - the Respondent failed to demonstrate any communication with its advocates or enquiry into the suit, and indolence disentitles it to the discretionary relief
The court applied the Mbogo v Shah principles: the discretion to set aside is exercised to avoid injustice from accident or excusable mistake, not to aid deliberate default. The Respondent alleged its advocates failed to notify it, but annexed no letters, emails or call records showing efforts to follow up the suit. The court held that allowing absent parties to invoke natural justice to set aside procedurally obtained judgments would render suits never final.
Whether a litigant can blame its advocate for failure to attend hearing
No - the case belongs to the litigant, and the Respondent showed no tangible efforts to pursue its own case
The Claimants relied on Neeta Gohil v Fidelity Commercial Bank Ltd for the proposition that the case belongs to the litigant, not the advocate. The court found no letter or evidence annexed showing the Respondent's efforts to reach its advocate or enquire about the suit during its pendency, and noted the Respondent had received letters in respect of the claims but took no action.
Legal principles established
#- The discretion to set aside ex parte judgments exists to do justice and avoid hardship from accident or excusable mistake, but not to assist a party who deliberately or through indolence obstructs the course of justice
- Principles of natural justice do not avail a party who fails to attend a hearing or follow up its case
Court orders
#- 1.The applications dated 23rd April 2019 (Cause No. 272 and 273 of 2017) and 15th May 2019 seeking setting aside of the judgments are dismissed
- 2.Costs of the applications awarded to the Claimants
- Jurisdiction invoked
- Inherent discretion to set aside ex parte judgments and stay execution under the Civil Procedure Act (Sections 1A(1) and 1B(1)) and Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mary Njeri Gikonyo v Orient Sacco Society Limited [2019] KEELRC 673 (KLR)", Case Analysis (2019). Cause No. 272 of 2017 (with Cause No. 273 of 2017 and a third cause). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/673/eng@2019-10-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.