Morrison Mbaro Thuku v Landluck Investments Limited & another [2018] KEELC 1475 (KLR)
- Court
- Environment & Land Court
- Case number
- 1475
- Citation
- [2018] KEELC 1475 (KLR)
- Decided
- 11 October 2018
The Court sets aside the order dismissing the suit and reinstates the Plaintiff's application to set the matter down for hearing within 45 days. Costs are in the cause.
Facts
The Plaintiff filed a suit against the Defendants on 4/3/2014, which was transferred to Murang’a ELC Court. The suit was dismissed on 14/2/2018 for want of prosecution and non-attendance. The Plaintiff filed a Notice of Motion seeking to review the dismissal and reinstate the suit.
Issues
- Whether the dismissal of the suit was valid due to non-attendance
- Whether the notice of dismissal was served on the Plaintiff's previous advocates
- Whether the application was made without undue delay
Reasoning
The Court found that the notice of dismissal was served on the Plaintiff's previous advocates, who had ceased acting. The application was filed promptly and in good faith, and the Court exercised its discretion to set aside the dismissal order.
Outcome
Reinstated the Plaintiff's application to set the matter down for hearing within 45 days
Orders
- Set aside the order dismissing the suit
- Reinstated the Plaintiff's application to set the matter down for hearing within 45 days
Remedies
- Costs in the cause
Authorities cited
Legislation (2)
- Article 159(2)(d) of the Constitution
- Civil Procedure Act
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