Gideon Gilbert Ochiel v Jane Akumu Migwambo [2016] KEELC 945 (KLR)
- Court
- Environment & Land Court
- Case number
- 945
- Citation
- [2016] KEELC 945 (KLR)
The plaintiff's application is allowed. The order made on 27th November, 2014 is set aside and the suit is reinstated for hearing on merits. The plaintiff shall pay thrown away costs to the defendant.
Facts
The plaintiff's advocates were not aware of the scheduled hearing on 27th November 2014 due to a mistake in their court diary. The suit was dismissed for non-attendance. The plaintiff brought an application seeking to set aside the dismissal order and reinstate the suit.
Issues
- Whether the court should exercise its discretion to set aside the dismissal order and reinstate the suit
- Whether the plaintiff's delay in bringing the application is excusable
Reasoning
The court found that the plaintiff's advocates had a reasonable excuse for their failure to attend court and for the delay in bringing the application. The court exercised its discretion to set aside the dismissal order and reinstate the suit to avoid injustice or hardship.
Outcome
The suit is reinstated for hearing on merits.
Orders
- The order made on 27th November, 2014 is set aside.
- The suit is reinstated for hearing on merits.
Remedies
- The plaintiff shall pay thrown away costs assessed at Ksh.10,000 within 14 days from the date hereof.
Authorities cited
Cases cited (1)
- Philip Chemwolo & Another –vs- Augustine Kubede (1982-88) KAR 103
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