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Samson Cheruiyot Barnwach & David Kipngetich Chepsoi v. Mary Cheptoo Sote

(2020) JELR 93302 (CA)

Court of Appeal  •  Civil Appeal 24 of 2017  •  10 Jul 2020  •  Kenya

Coram
Hannah Magondi Okwengu, Fatuma sichale, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

[1] The appellants, Samson Cheruiyot Barnwach and David Kipngetich Chepsoi (1st and 2nd appellant), are dissatisfied with the ruling of the High Court (Omondi, J) in which the High Court dismissed a motion dated 3rd April, 2013, lodged by the appellants, seeking to set aside the decree issued in favour of the respondent together with all consequential orders.

[2] Although the appellants’ motion was not clear, a perusal of the record of appeal reveals that the decree sought to be set aside in the motion, arose from an ex parte judgment entered on 4th May, 2012 in favour of the respondent in default of appearance/defence and the subsequent formal proof in which the respondent testified, and a judgment delivered in favour of the respondent. That judgment which was dated 12th February, 2013, is the subject of the decree. The decree included an order for the appellants to vacate the suit premises within 15 days from the date of service of the decree, failing which they …

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