Simon Mwangi Gitata & 18 others v Town Clerkcity Council of Nairobi & others [2018] KEELC 2066 (KLR)
- Court
- Environment & Land Court
- Case number
- 2066
- Citation
- [2018] KEELC 2066 (KLR)
Summary at a glance
TypeCivilPosturePlaintiffs seek to review and set aside the dismissal of their suitCoramS. Okongo
The plaintiffs' suit is reinstated due to the plaintiffs' lack of knowledge of the dismissal and their continued interest in pursuing the claims.
Facts
The suit was dismissed for want of prosecution on March 18, 2015, due to the absence of the plaintiffs' previous advocates. The plaintiffs instructed new advocates after the dismissal, and it was their new advocates who discovered the dismissal.
Issues
- Whether the plaintiffs' suit should be reinstated
- Whether the plaintiffs were prejudiced by the dismissal
Reasoning
The court found that the plaintiffs were not aware of the dismissal and that it would be unfair to visit the mistake of their previous advocates upon them.
Outcome
The plaintiffs' Notice of Motion application is allowed.
Orders
- The 2nd defendant shall have the costs of the application
Remedies
- Reinstatement of the plaintiffs' suit
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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