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Tana and Athi Rivers Development Authority v. Jeremiah Kimigho Mwakio, Patrick K. Mulisho, Mohamed Godhana & Amos Amitai

(2015) JELR 96573 (CA)

Court of Appeal  •  Civil Appeal 41 of 2014  •  29 May 2015  •  Kenya

Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti



Time and again, it has been said that the mistake of counsel should not be visited upon an innocent litigant. The appellant has particularly made this its central argument herein; all in a bid to convince us to set aside an ex parte judgment entered against it in Mombasa High Court Civil Suit No 172 of 2002. In the said suit, the appellant had been sued by the respondents for Kshs.4,969,440/-, being accrued dues from what the respondents termed as “unlawful termination from employment”. The subsequent defence filed by the appellant failed to disclose all the particulars pertinent to the defence, leading to the request by the respondents for the supply of further and better particulars. The request went unaddressed, prompting the respondents to obtain a court order in this regard. However, despite having been served with the said court order, the appellant still failed to supply the particulars aforesaid, as a result of which the respondents successfully applied to…

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