Abdullahi Mohammed Shekh v Board of Governors of Maina Wanjigi Secondary School [2018] KEELC 1008 (KLR)
- Court
- Environment & Land Court
- Case number
- 1008
- Citation
- [2018] KEELC 1008 (KLR)
- Decided
- 11 October 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to set aside dismissal of suit for want of prosecutionCoramE.OBAGA
Holding
The plaintiff's application is allowed, the order dismissing the plaintiff's suit is set aside, and the suit is reinstated for hearing together with the defendant's counter-claim.
Facts
The plaintiff filed a suit in 2011 and it was dismissed for want of prosecution in 2017. The plaintiff claims his advocate did not inform him of the dismissal and did not attend court.
Issues
- Whether the plaintiff deserves the court's discretion to set aside the dismissal order
Reasoning
The court considers the reason given by the plaintiff for his failure to be in court and allows the reinstatement of the suit as it is fair to give the plaintiff a chance to be heard on merits.
Outcome
The plaintiff's suit is reinstated for hearing.
Orders
- The order dismissing the plaintiff's suit is set aside.
- The plaintiff's suit is reinstated for hearing together with the defendant's counter-claim.
Remedies
- Costs of the application shall be costs in the suit.
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.
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