Stephen Muriuki Chiuri v Alice Mwaniki & 2 others [2018] KEELC 2790 (KLR)
- Court
- Environment & Land Court
- Case number
- 2790
- Citation
- [2018] KEELC 2790 (KLR)
- Decided
- 29 June 2018
The suit is reinstated on the following terms: comply with the orders of 14/7/2017 within 15 days, and pay a further sum of Kshs 15,000 as additional throwaway costs to each of the defendants within 15 days.
Facts
The plaintiff, Stephen Muriuki Chiuri, had his suit dismissed for want of prosecution on 26/1/2012. He later applied for reinstatement on 15/5/2012, which was granted with conditions. The suit was dismissed again due to non-compliance, and the plaintiff sought reinstatement again on 20/11/2017.
Issues
- Reinstatement of the dismissed suit
- Payment of additional costs
Reasoning
The court exercised discretion in favor of the plaintiff, considering the plaintiff's explanation for the delay and the defendants' contention that the plaintiff had previously stayed for three years before applying for reinstatement.
Outcome
Reinstatement of the suit
Orders
- Comply with the orders of 14/7/2017 within 15 days
- Pay a further sum of Kshs 15,000 as additional throwaway costs to each of the defendants within 15 days
Remedies
- Reinstatement of the suit
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