Gladys Njeri Kirugumi v Langata Development Co.Ltd & another [2016] KEELC 1297 (KLR)
- Court
- Environment & Land Court
- Case number
- 1297
- Citation
- [2016] KEELC 1297 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a dismissal of a suitCoramL.GACHERU
Holding
The court allows the application to reinstate the suit and sets a hearing date within 6 months, but the plaintiff is ordered to pay costs and a Kshs. 30,000 getting up cost to the defendants.
Facts
The plaintiff/applicant, Gladys Njeri Kirugumi, sought to have her suit reinstated after it was dismissed for non-appearance of counsel and the plaintiff.
Issues
- Whether the dismissal of the suit prejudiced the interests of the plaintiff
- Whether the non-appearance of counsel was due to an honest mistake or an intentional omission
Reasoning
The court found the plaintiff's reasons for non-appearance unconvincing and noted the plaintiff was not in court when the suit was called out. The court exercised its discretion to allow the application but imposed costs on the plaintiff.
Outcome
The suit is reinstated and set for hearing within 6 months, with costs to be borne by the plaintiff.
Orders
- The suit is reinstated and set for hearing within 6 months
- The plaintiff is ordered to pay Kshs. 30,000 getting up cost to the defendants
Remedies
- Reinstatement of the suit
- Payment of costs and getting up cost
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules 2010
Cases cited (1)
- Films Rove International Ltd Vs- Cannon Film Sales Ltd ( 1986) All ER 772
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…