JUDGMENT
The appeal is against the ruling of Olola, J. delivered on the 27th May, 2020, declining to set aside an ex parte judgment entered in the case.
There were two applications before the Court which were heard together and the impugned ruling rendered in answer to both. One of the applications is dated 12th February 2019 brought by the appellant, which is the defendant in the consolidated suits. In the application, the appellant sought a temporary order of stay of execution of the judgment delivered on 11th October, 2018 as well as setting aside of the ex parte judgment and the re-opening of the defence case for hearing.
There are 3 grounds listed in the memorandum of appeal. The appellant faults the Environment and Land Court (ELC) for dismissing its notice of motion application, accusing it of misdirecting itself in the exercise of discretion and for failing to consider the appellant’s defence as filed. The appellant seeks to have the ruling dated 27th May, 2020 set aside, and the…