George Waweru & 2 Others v Defendant/Respondent (Notice of Motion dated 6th December 2023)
The bottom line
#The Environment and Land Court in Machakos refused to undo orders made in the plaintiffs' absence, saying their conduct showed deliberate delay, not an honest mistake.
What this practically means
#Executive summary
#Key legal issues
#Whether the ex parte orders of 23rd October 2023 should be set aside
Application dismissed; sufficient cause not demonstrated and the application amounted to abuse of court process
The court reviewed the proceedings showing plaintiffs' counsel repeatedly sought to withdraw the matter, and was absent when the eviction application was allowed. The plaintiffs disowned a subsequent application filed by their own advocate and alleged a forged signature, but proffered no affidavit from that advocate. Given the prior ruling dismissing their injunction application, the court found the plaintiffs were sowing confusion and failed to show sufficient cause.
Legal principles established
#- The discretion to set aside an ex parte order is exercised to avoid injustice from accident, inadvertence or excusable mistake, not to assist those who deliberately obstruct or delay the course of justice
- Setting aside is discretionary and requires demonstration of sufficient cause
Court orders
#- 1.Declined to set aside the orders issued on 23rd October, 2023
- 2.Dismissed the Notice of Motion Application dated 6th December, 2023 with costs
- Jurisdiction invoked
- Inherent discretion to set aside ex parte orders (not expressly tied to a constitutional provision in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "George Waweru & 2 Others v Defendant/Respondent (Notice of Motion dated 6th December 2023)", Case Analysis (2024). Not stated in judgment (Machakos ELC suit; application dated 6th December, 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6855/eng@2024-10-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.