John Mugambi t/a Mugambi & Company Advocates & another v Showcase Properties Limited [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi, Milimani Law Courts, Commercial and Tax Division
Category
Civil
Judge(s)
D. S. Majanja J.
Judgment Date
October 02, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of John Mugambi t/a Mugambi & Company Advocates & another v Showcase Properties Limited [2020] eKLR. Discover key insights and judicial outcomes relevant to property law.

Case Brief: John Mugambi t/a Mugambi & Company Advocates & another v Showcase Properties Limited [2020] eKLR

1. Case Information:
- Name of the Case: John Mugambi T/A Mugambi & Company Advocates and Beatrice Kariuki T/A Beatrice Kariuki & Associates v. Showcase Properties Limited
- Case Number: Civil Case No. 436 of 2017
- Court: High Court of Kenya at Nairobi, Milimani Law Courts, Commercial and Tax Division
- Date Delivered: October 2, 2020
- Category of Law: Civil
- Judge(s): D. S. Majanja J.
- Country: Kenya

2. Questions Presented:
The central legal issues the court must resolve include whether the Defendant's application for review of the order issued on August 24, 2020, is valid, particularly concerning the conditions imposed for setting aside an ex-parte judgment and whether there was an error apparent on the face of the record.

3. Facts of the Case:
The Plaintiffs, John Mugambi and Beatrice Kariuki, are advocates who represented the Defendant, Showcase Properties Limited, in a legal matter. The Plaintiffs sought payment for legal fees based on a retainer agreement. An ex-parte judgment was entered against the Defendant on October 9, 2019, due to its failure to file a defense. The Defendant later filed a Notice of Motion on September 10, 2020, seeking to review the order that required it to deposit Kshs. 5 million as a condition for setting aside the ex-parte judgment. The Defendant contended that the judgment was irregular, as a defense had been filed but not acknowledged.

4. Procedural History:
The case progressed through the court system with the initial entry of an ex-parte judgment against the Defendant. The Defendant filed an application to set aside this judgment, which was granted on August 24, 2020, under certain conditions. The Defendant then filed the current application for review of that order, arguing that there was an irregularity in the judgment and that a valid defense existed, which it had only recently discovered.

5. Analysis:
- Rules: The court considered Order 45 Rule 1 of the Civil Procedure Rules, which outlines the grounds for seeking a review of a judgment. The applicant must show an error apparent on the face of the record or new evidence that could not have been produced at the time the order was made.

- Case Law: The court referenced the Court of Appeal case, *James Kanyiita Nderitu v Marios Philotas Ghikas and Another*, which discussed conditions for setting aside judgments. Additionally, the court cited *National Bank of Kenya Limited v Ndungu Njau* and *Nyamogo & Nyamogo Advocates v Kogo* to clarify what constitutes an error apparent on the record and the standards for granting a review.

- Application: The court found that the Defendant's arguments did not demonstrate an error apparent on the face of the record but rather sought to re-evaluate the evidence and the court's discretion in the original ruling. The court emphasized that the conditions imposed were within its discretion given the circumstances of the case.

6. Conclusion:
The court dismissed the Defendant's application for review, affirming that the previous judgment was regular and that the Defendant's claims did not warrant a re-evaluation of the evidence. The ruling underscored the importance of adhering to procedural requirements in civil litigation.

7. Dissent:
There were no dissenting opinions noted in the ruling.

8. Summary:
The High Court of Kenya ruled against the Defendant's application for review of the order requiring a deposit as a condition for setting aside an ex-parte judgment. The court reinforced the standards for review applications and the necessity for parties to comply with procedural rules in civil matters. This case highlights the challenges of navigating procedural irregularities and the importance of timely and proper filings in civil litigation.

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