Japheth Kibiwott Ruto v Virginia Njeri Maina & another [2020] eKLR Case Summary

Court
Environment and Land Court at Kitale
Category
Civil
Judge(s)
Mwangi Njoroge
Judgment Date
September 22, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Japheth Kibiwott Ruto v Virginia Njeri Maina & another [2020] eKLR, highlighting key legal findings and implications. Perfect for legal research and insights.

Case Brief: Japheth Kibiwott Ruto v Virginia Njeri Maina & another [2020] eKLR

1. Case Information:
- Name of the Case: Japheth Kibiwott Ruto (Suing as Legal Personal Representative of the Estate of Kibiwott Arap Mwolomet (Deceased)) v. Virginia Njeri Maina & Vincent Rongei Kotokoto
- Case Number: ELC Case No. 19 of 2019
- Court: Environment and Land Court, Kitale
- Date Delivered: 22nd September 2020
- Category of Law: Civil
- Judge(s): Mwangi Njoroge
- Country: Kenya

2. Questions Presented:
The central legal issue presented to the court was whether the interlocutory judgment entered against the 1st defendant should be set aside and whether the 1st defendant should be granted leave to enter appearance and file a defense out of time.

3. Facts of the Case:
The plaintiff, Japheth Kibiwott Ruto, acting as the legal representative of the estate of the deceased Kibiwott Arap Mwolomet, initiated the suit against the 1st defendant, Virginia Njeri Maina, and the 2nd defendant, Vincent Rongei Kotokoto. The 1st defendant claimed that she was not served with the summons to enter appearance and sought to set aside the judgment entered against her on 23rd July 2019. She had purchased her land in 2009 and obtained a title in 2010, asserting that proceeding with the case without her defense would be detrimental.

4. Procedural History:
The 1st defendant filed a notice of motion on 11th June 2020, seeking to set aside the interlocutory judgment and to be allowed to file her defense out of time. The application was supported by an affidavit from the 1st defendant. The case progressed with the plaintiff having filed a request for judgment on 18th July 2019, which was based on the lack of a memorandum of appearance and defense from the 1st defendant. The Deputy Registrar had allowed the matter to proceed for formal proof, which the 1st defendant contested.

5. Analysis:
- Rules: The court considered Sections 1A, 1B, 3A of the Civil Procedure Act, Order 10 Rule 11, and Article 159(2) of the Constitution of Kenya 2010. Specifically, Order 10 Rule 9 allows a plaintiff to set down a suit for hearing if a party served does not appear, while Order 10 Rule 3 provides the court with discretion regarding the striking out of defenses.
- Case Law: The court referenced prior rulings that emphasize the right to a fair hearing. The court noted that the Deputy Registrar's decision to allow formal proof was not strictly in line with the provisions of the Civil Procedure Rules, but it still allowed the case to proceed on its merits.
- Application: The court found merit in the 1st defendant's application, reasoning that denying her the opportunity to present her defense would infringe upon her right to a fair hearing as guaranteed by Article 50 of the Constitution. The court determined that the interlocutory judgment should be set aside, allowing the 1st defendant to file her defense.

6. Conclusion:
The court ruled in favor of the 1st defendant, setting aside the interlocutory judgment and granting her leave to file her defense within 15 days. The decision underscored the importance of ensuring all parties have the opportunity to be heard, reinforcing constitutional rights within civil proceedings.

7. Dissent:
There were no dissenting opinions noted in this case.

8. Summary:
The ruling in Japheth Kibiwott Ruto v. Virginia Njeri Maina & Vincent Rongei Kotokoto highlights the court's commitment to upholding the right to a fair hearing. The court's decision to set aside the interlocutory judgment ensures that the 1st defendant can present her defense, thus maintaining the integrity of the judicial process. This case underscores the significance of procedural fairness in civil litigation in Kenya.

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