In re Estate Jeromani Kaise (Deceased)[2020] eKLR Case Summary

Court
Environment and Land Court at Kajiado
Category
Civil
Judge(s)
Christine Ochieng
Judgment Date
September 30, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of In re Estate Jeromani Kaise (Deceased) [2020] eKLR, detailing the judicial decisions and implications for estate management in Kenya.

Case Brief: In re Estate Jeromani Kaise (Deceased)[2020] eKLR

1. Case Information:
- Name of the Case: Sikempei Suyianga (Suing as legal representative of the estate of Jeromani Kaise – deceased) v. Mutunkei Ole Lesinko, Lorngusua Group Ranch, Kajiado Land Registrar
- Case Number: ELC Case No. 80 of 2018 (formerly Nairobi ELC No. 1340 of 2013)
- Court: Environment and Land Court at Kajiado
- Date Delivered: September 30, 2020
- Category of Law: Civil
- Judge(s): Christine Ochieng
- Country: Kenya

2. Questions Presented:
The court must resolve the following legal issues:
- Should the ex parte judgment entered on November 27, 2019, and the consequential decree issued on December 9, 2019, be set aside?
- Should the 1st Defendant be granted leave to file a defense out of time?
- Who should bear the costs of the application?

3. Facts of the Case:
The Plaintiff, Sikempei Suyianga, represents the estate of her deceased father, Jeromani Kaise, who was a member of the Lorngusua Group Ranch. The 1st Defendant, Mutunkei Ole Lesinko, claims ownership of land he purchased from a third party, Turere Ole Masiane Kaise. The Plaintiff asserts that the land belonged to her late father and that the 1st Defendant was not properly served with court documents leading to the ex parte judgment against him. The 1st Defendant became aware of the judgment only when he attempted to transfer the land, discovering a decree encumbering the title.

4. Procedural History:
The Plaintiff filed the case on November 6, 2013, in Nairobi. An ex parte judgment was entered against the 1st Defendant on November 27, 2019, due to his non-appearance. Following this, the 1st Defendant filed a Notice of Motion on April 27, 2020, seeking to set aside the judgment and file a defense out of time. The Plaintiff opposed this application, asserting that the 1st Defendant had been properly served.

5. Analysis:
- Rules: The court considered Order 10 Rule 11 of the Civil Procedure Rules, which allows for setting aside judgments in certain circumstances, and the principles established in case law regarding the discretion of the court to set aside judgments.
- Case Law: The court referenced several cases, including *Karani v. Bildad Wachira* (2016) eKLR and *Patel v. East Africa Cargo Handling Services Ltd* (1974) EA 75, which highlight the necessity of establishing a triable issue to justify setting aside an ex parte judgment.
- Application: The court found that the 1st Defendant failed to prove he was not served with the summons. The affidavit of service was deemed conclusive, and the 1st Defendant's claims of irregular registration and ownership were not substantiated by the necessary documentation. The court held that the 1st Defendant's draft defense did not raise sufficient triable issues to warrant setting aside the judgment.

6. Conclusion:
The court dismissed the 1st Defendant's application to set aside the ex parte judgment and denied his request to file a defense out of time. The ruling reinforced the importance of proper service and the requirement for a party seeking to set aside a judgment to present a credible defense.

7. Dissent:
There was no dissenting opinion in this case as the ruling was unanimous.

8. Summary:
The Environment and Land Court ruled against the 1st Defendant, affirming the ex parte judgment in favor of the Plaintiff. This case highlights the significance of proper service in civil proceedings and the court's discretion in setting aside judgments based on the establishment of triable issues. The decision underscores the need for parties to act promptly and substantiate their claims with appropriate documentation to ensure fair legal proceedings.

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