JUDGMENT
By this appeal, the appellant, Lukas Orende Opaile, challenges the ruling and order of Matheka, J. by which his application for the court to set aside, vary and/or review its orders made on 15th October, 2018 was dismissed with costs. Other orders sought in the application included;
THAT upon granting of prayer (3) above of this notice of motion, the 1st respondent and her witness recalled but limited for their cross-examination and thereafter the applicant be allowed to testify and call his witnesses for this suit to be heard and determined on merits;
THAT costs of this application be in the cause.”
The application stemmed from an ex parte judgment of the Environment and Land Court made in default of appearance of the appellant and the 2nd respondent. In that judgment, the court gave an order of permanent injunction restraining the appellant and the 2nd respondent from evicting the 1st respondent or interfering with her portion of one acre of land which she had purchased from th…